S v Njobvu (Civil Application 271 of 2006; SC 61 of 2006) [2007] ZWSC 61 (24 January 2007)

S v Njobvu (Civil Application 271 of 2006; SC 61 of 2006) [2007] ZWSC 61 (24 January 2007)

The application was not properly before the Supreme Court due to procedural failures: no notice to the prosecutor, no evidence led, and the magistrate's refusal to entertain the application. The proceedings were a nullity and the application was struck off the roll.

Source-derived case information.

Citation
[2007] ZWSC 61
Parties
Applicant: Bryford Njobvu; Respondent: The State
Court
Supreme Court of Zimbabwe
Jurisdiction
Zimbabwe
Case Number
Civil Application 271 of 2006 ; SC 61 of 2006
Procedural Posture
Constitutional Application / Application for Referral to Supreme Court Under S 24(2) of the Constitution
Outcome
application struck off the roll
Legal Topics
Right to Fair Trial, Delay in Criminal Proceedings, Referral Procedure Under S 24(2)
Source Language
en
Constitutional Law Criminal Procedure Right to Fair Trial Delay in Criminal Proceedings Referral Procedure Under S 24(2)

Source-derived case record

Summary, issues, holding and outcome

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Parties

Bryford Njobvu

Applicant

The State

Respondent

Procedural Posture

Constitutional Application / Application for Referral to Supreme Court Under S 24(2) of the Constitution

Legal Issues

  1. 1 Whether the applicant's right to a fair hearing within a reasonable time under s 18(2) of the Constitution was violated
  2. 2 Whether the application for referral to the Supreme Court was properly made in accordance with procedural requirements

Ratio Decidendi

The application was not properly before the Supreme Court due to procedural failures: no notice to the prosecutor, no evidence led, and the magistrate's refusal to entertain the application. The proceedings were a nullity and the application was struck off the roll.

Court Disposition

application struck off the roll

Orders

  • application struck off the roll
  • no order as to costs