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CHARUMA & ANOR v GOVERNMENT OF RSA & ANOR 2018 (1) ZLR 189 (H)

2018 (1) ZLR p189

Citation

2018 (1) ZLR 189 (H)

Case No

Judgment No. HMa-22-18

Court

High Court, Masvingo

Judge

Mafusire J

Heard

1 February 2018; 13 February 2018

Judgment

9 March 2018

Counsel

O Mafa, for the applicant
T Chikwati, for the respondent

Case Type

Application for discharge from extradition

Annotations

Flynote

Criminal procedure – extradition – application for discharge from – grounds for – reasonable notice to the Minister – court to discharge forthwith unless good cause to the contrary is shown – what constitutes good cause – Minister and Permanent Secretary both in office – political upheaval not preventing them from acting

Words and phrases – "good cause" – in respect of notice to Minister – whether an upheaval in central government constitutes the "good cause" contemplated by s 33 of the Extradition Act – the court to use its judicial discretion to decide on a case by case basis

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