S v CHOGUGUDZA 1996 (1) ZLR 28 (S)
Citation | 1996 (1) ZLR 28 (S) |
Case No | Judgment No. S-243-95 |
Court | Supreme Court, Harare |
Judge | Gubbay CJ, McNally JA, Korsah JA, Ebrahim JA & Muchechetere JA |
Heard | 5 December 1995 |
Judgment | 8 January 1996 |
Counsel | E W W Morris, for the appellant |
Case Type | Criminal appeal |
Annotations | Link to case annotations |
Flynote
Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 18(3) and 18(13)(b) — right to be presumed innocent until proved guilty — provision whereby the burden of proving certain facts can be laid on the accused — extent to which such burden may be placed on the accused
Criminal law — statutory offences — Prevention of Corruption Act [Chapter 9:16] — s 4(a) — public officer doing something that is inconsistent with his duty as such — presumption under s 15(2)(e) whereby public officer who did an act to the favour or prejudice of any person did so for the purpose of showing favour or disfavour to that person — constitutionality of presumption
Evidence — onus — on accused person — extent to which enactments creating offences may place onus on accused to prove his innocence
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