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S v CHITUKUTUKU 2019 (3) ZLR 1108 (H)

2019 (3) ZLR p1108

Citation

2019 (3) ZLR 1108 (H)

Case No

Judgment No. HH-762-19

Court

High Court, Harare

Judge

Chitapi J

Heard

7 November 2019

Judgment

22 November, 2019

Counsel

L Uriri, for the applicant
E Makoto, for the respondent

Case Type

Bail appeal

Annotations

Flynote

Constitutional law –Constitution of Zimbabwe 3013 – Declaration of Rights – rights of arrested persons – right to bail unless compelling reasons justify detention – onus to establish such reasons – whether onus ever can lie on accused person

Criminal procedure – bail – application – information that should be presented

Criminal procedure – bail – constitutional entitlement to unless compelling reasons justify detention – onus of showing such reasons – lies on State – no onus on accused person to justify release – what constitute compelling reasons

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