S v MUTIZWA 2006 (1) ZLR 78 (H)

2006 (1) ZLR p78

Flynote

Criminal procedure — indictment — amendment — Criminal Procedure and Evidence Act [Chapter 9:07] — s 202 — section designed to correct errors in the indictment — should not be applied where it is prejudicial to accused

Criminal procedure — judicial officer — applications for recusal — approach to be adopted — not to be treated as a personal affront — recusal bought on the basis of a reputation for imposing heavy sentences — not a proper basis for recusal

Criminal procedure — plea — plea of guilty — questioning by magistrate in terms of s 271(2)(b) of Criminal Procedure and Evidence Act [Chapter 9:07] — responses by accused not amounting to irrevocable admission of essential elements of offence — plea of not guilty should be recorded

Criminal procedure — recusal of judicial officer — circumstances where duty of recusal arises — likelihood of bias on the part of the judicial officer — matter must be regarded from the point view of the reasonable litigant — test is objective