SMYTH v USHEWOKUNZE & ANOR 1997 (2) ZLR 544 (S)

1997 (2) ZLR p544

Flynote

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — interpretation — aim to move away from formalism and make human rights provisions a practical reality — s 13(2) — right to personal liberty — derogation from that right where there is a reasonable suspicion that person has committed a criminal offence — test to be applied — s 18(2) — right to fair hearing within a reasonable time — includes right to impartial prosecutor — delay of 7 months from when officially notified that charges were to be preferred — not sufficient to trigger enquiry into whether rights infringed — unreasonable delay preceding date on which accused formally notified — may give grounds for redress

Criminal procedure — remand — grounds for — when remand justified — test — not necessary that accused's guilt be established, even on balance of probability

Legal practitioner — prosecutor — conduct and ethics — duty of impartiality and detachment — interdict against prosecutor who had demonstrated personal involvement, vindictiveness and bias

Interpretation of statutes — declaration of rights — approach to interpretation — right designed to secure a protection — court should expand reach of right rather than attenuate its meaning and content