ATTORNEY-GENERAL v MAKAMBA 2005 (2) ZLR 54 (S)
Citation | 2005 (2) ZLR 54 (S) |
Case No | Judgment No. S-30-05 |
Court | Supreme Court, Harare |
Judge | Chidyausiku CJ, Malaba JA and Gwaunza JA |
Heard | 26 May 2005 |
Judgment | 29 July 2005 |
Counsel | V Shava, for the appellant |
Case Type | Criminal appeal |
Annotations | Link to case annotations |
Flynote
Criminal procedure — charge — exceptions, provisos and exemptions — when a statutory provision may be regarded as such rather than as part of the substantive offence — Exchange Control Regulations 1996 — s 11(2) — negative element of the offence does not have to be alleged and proved by the State
Criminal procedure — application for discharge of an accused at the conclusion of the State case — bases for granting such an application
Criminal procedure — review — incomplete proceedings — intervention by a superior court in uncompleted proceedings of a lower court—should only be entertained in exceptional circumstances
Exchange control — Exchange Control Regulations SI 109 of 1996 — s 11 — making of payment outside the country — not applicable to payments made from "free funds" — onus on accused to show that payment was made with free funds
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.