S v MAVHARAMU 1998 (2) ZLR 341 (H)

1998 (2) ZLR p341

Flynote

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 18(2) — right to fair trial within a reasonable period of time — accused being convicted of rape eleven years after the offence was committed and the accused originally arrested — subsequent delays attributable to the State — High Court's power to protect constitutional rights — appropriate remedy — if trial has not yet taken place, a stay of proceedings — if trial has taken place, setting aside of proceedings — delays — extent to which unrepresented and unsophisticated accused can be expected to assert right to early trial — prejudice — nature of prejudice to be considered in assessing delay — whether prejudice to the defence a sine qua non to relief

Criminal procedure — trial — unrepresented accused — court's duty to assist — duty to ensure trial takes place within reasonable period of time

Criminal procedure — trial — delays — magistrate's duty to query requests for remand