S v KUSANGAYA 1998 (2) ZLR 10 (H)

1998 (2) ZLR p10

Flynote

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 18(2) — right to fair trial within reasonable time — breach of such right — whether magistrate or High Court judge on appeal has jurisdiction to deal with this constitutional issue

Court — High Court — jurisdiction — court's jurisdiction to afford relief in event of breach of accused person's constitutional rights

Criminal procedure — stay of criminal proceedings — stay on ground of breach of right to trial within a reasonable period of time — whether magistrate or High Court on appeal can stay proceedings on this ground — High Court Act [Chapter 7:06] — s 29(3) — whether applicable in respect of violation of a constitutional right

Human rights — right to trial within a reasonable period of time