S v Pamire (CA 7 of 2009; HH 624 of 2020) [2020] ZWHHC 624 (5 October 2020)

S v Pamire (CA 7 of 2009; HH 624 of 2020) [2020] ZWHHC 624 (5 October 2020)

The appellant failed to assert his rights during the delay, did not provide evidence of prejudice, and relied on unconvincing follow-ups. The application for referral is frivolous and vexatious and does not merit referral to the Constitutional Court.

Source-derived case information.

Citation
[2020] ZWHHC 624
Parties
Appellant: Vincent Pamire; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
5 October 2020
Case Number
CA 7 of 2009 ; HH 624 of 2020
Procedural Posture
Criminal Appeal / Application for Referral to Constitutional Court
Outcome
Application dismissed
Legal Topics
Delay in Hearing Appeal, Right to Protection of the Law, Referral to Constitutional Court, Frivolous and Vexatious Applications
Source Language
english
Criminal Law Constitutional Law Delay in Hearing Appeal Right to Protection of the Law Referral to Constitutional Court Frivolous and Vexatious Applications

Source-derived case record

Summary, issues, holding and outcome

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Parties

Vincent Pamire

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Application for Referral to Constitutional Court

Legal Issues

  1. 1 Whether the delay in hearing the appeal violated the appellant's right to protection of the law
  2. 2 Whether the matter should be referred to the Constitutional Court under s 175(4) of the Constitution

Ratio Decidendi

The appellant failed to assert his rights during the delay, did not provide evidence of prejudice, and relied on unconvincing follow-ups. The application for referral is frivolous and vexatious and does not merit referral to the Constitutional Court.

Court Disposition

Application dismissed

Orders

  • Application for referral to the Constitutional Court is dismissed.