S v ZHUWAKI 2019 (3) ZLR 224 (H)

2019 (3) ZLR p224

Flynote

Appeal – criminal matter – application for condonation for late noting of an appeal against both conviction and sentence – undue delays in setting matter down for hearing – criminal registry mandated to set down matters within a reasonable time – no requirement to wait for response from prosecuting authority

Constitutional law – Constitution of Zimbabwe 2013 – fundamental rights and freedoms – right to administrative justice (s 68) – right to be heard by an impartial court within a reasonable time (s 69) – court and other State officials failing to deal promptly with application by convicted person for condonation of late noting of appeal – applicant's constitutional rights breached by administrative inaction