SIVAKO v ATTORNEY-GENERAL 1999 (2) ZLR 271 (S)

1999 (2) ZLR p271

Flynote

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 18(2) — right to fair trial — accomplice being called as witness — not warned he would be discharged from liability if he gave his evidence satisfactorily and that he could decline to answer questions which might tend to incriminate him — witness admitting to further crimes with which he was subsequently charged — effect to deprive witness of right to fair hearing

Criminal procedure — permanent stay of proceedings — application by defence lawyer on grounds of unreasonable delay in bringing matter for trial — lawyer making statement from bar and not calling applicant to testify — insufficient to establish unreasonable delay

Evidence — accomplice — prosecutor failing to inform court that witness to be treated as unconvicted accomplice — witness not warned he would be discharged from liability if he gave his evidence satisfactorily and that he could decline to answer questions which might tend to incriminate him — contrary to interests of justice for him not be discharged — witness admitting to further crimes with which he was subsequently charged — effect to deprive witness of right to fair hearing contrary to s 18(2) of Constitution