NYAGURA v NCUBE NO & ORS 2019 (1) ZLR 521 (CC)
Citation | 2019 (1) ZLR 521 (CC) |
Case No | Judgment No. CC-7-19 |
Court | Constitutional Court, Harare |
Judge | Malaba CJ (in chambers) |
Heard | 29 October 2018 |
Judgment | 6 March 2019 |
Counsel | T R Mafukidze, with him J C Muzangaza and B Muzeba, for the applicant |
Case Type | Application for leave for direct access |
Annotations |
Flynote
Constitutional law – Constitution of Zimbabwe, 2013 – Prosecutor-General – prosecutorial authority – delegation of – whether Prosecutor-General may issue authority to prosecute to persons other than those in the employ of the National Prosecuting Authority
Court – Constitutional Court – referral of matter to Court – request for referral a prerequisite – magistrate in the exercise of his general powers decides matter on the merits – not competent to refer matter under s 175(4)
Court – Constitutional Court – access to – direct access under s 85(1) – application for leave – whether applicant has right of direct access to Constitutional Court on basis that decision of magistrate not to refer constitutional question is a violation of his right to equal protection of the law
Criminal procedure – Prosecutor-General – powers of – power to delegate authority to prosecute – whether Prosecutor-General may issue authority to prosecute to persons other than those in employ of National Prosecuting Authority
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