Mlauzi v Attorney-General 1992 (1) ZLR 260 (S)

McNally JA:

After the applicant had been convicted of theft of two cars, he was in the process of appealing against these convictions when the High Court quashed the convictions on the grounds that the records of the trial proceedings had gone missing. The State then re-indicted him for these offences. On appeal it was argued that the right of the applicant in terms of 18(6) of the Constitution not to be tried again for an offence for which he had previously been convicted had been violated.

Held that 18(6) provided certain exceptions to the rule. The present case fell within the provision (a) to that section in that the convictions had been set aside "on the ground of any other irregularity or defect in the procedure". This provision was intended to cover irregularities and defects arising subsequent to conviction and sentence.

| Return to Topic Menu | Return to Main Menu |