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S v MUPFUMIRA 2019 (3) ZLR 488 (S)

2019 (3) ZLR p488

Citation

2019 (3) ZLR 488 (S)

Case No

Judgment No. S-71-19

Court

Supreme Court, Harare

Judge

Gowora JA (in chambers)

Heard

26 August 2019

Judgment

3 September 2019

Counsel

C Chinyama with R Tsvaki and Z Makwanya, for the appellant
Ms S Fero with A Kumire and C Chakawa, for the State

Case Type

Appeal against refusal of bail

Annotations

Flynote

Court – Supreme Court – jurisdiction – review jurisdiction – invalid appeal from High Court – procedural irregularities in High Court – Supreme Court entitled to set aside High Court's decision

Criminal procedure – bail – appeal – court's refusal to consider bail following issue of certificate by Prosecutor-General under s 32(3b) of Criminal Procedure and Evidence Act – no decision on bail to be appealed against – correct procedure for appealing against court's refusal

Criminal procedure – bail – issue of certificate by Prosecutor-General under s 32(3b) of Criminal Procedure and Evidence Act – effect – jurisdiction of judicial officer to consider bail ousted – constitutionality of provision

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