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S v BVUTO & ORS 2018 (1) ZLR 119 (H)

2018 (1) ZLR p119

Citation

2018 (1) ZLR 119 (H)

Case No

Judgment No. HH-94-18

Court

High Court, Harare

Judge

Hungwe J & Mushore J

Heard

3 August 2017

Judgment

27 February 2018

Counsel

J Makiseni, for the appellants
Mrs F Kachidza, for the respondent

Case Type

Criminal appeal

Annotations

Flynote

Constitutional law – Constitution of Zimbabwe 2013 – Declaration of Rights – rights of accused persons (s 70(1)) – right to fair hearing – unrepresented accused – offence providing mandatory minimum sentence – right to fair hearing infringed if accused not advised of right to legal representation

Criminal procedure – trial – conduct of – unrepresented accused – accused pleading guilty – magistrate's duties generally

Mines and minerals – offences – prospecting or searching for minerals without a licence – person entering existing mine and taking away ore – should be charged with theft of ore

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