IN RE KWENDA 1997 (1) ZLR 116 (S)
Citation | 1997 (1) ZLR 116 (S) |
Case No | Judgment No. S-1-97 |
Court | Supreme Court, Harare |
Judge | Gubbay CJ, McNally JA & Korsah JA |
Heard | 20 January 1997 |
Judgment | 20 January 1997 |
Counsel | W T Manase, for the applicant |
Case Type | Referral in terms of s 24(2) of the Constitution |
Annotations | No case annotations to date |
Flynote
Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 24(2) — referral of question as to contravention of Declaration — pending criminal charge withdrawn before plea with intimation that the accused would later be indicted — not competent to refer matter to Supreme Court on basis of possible breach of s 18(2)
Criminal procedure — charge — withdrawal of — before plea — Attorney-General's unfettered discretion to withdraw charge before plea at any time and institute proceedings afresh
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