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Behind the scenes, Zimbabwe politicians plot post-Mugabe reforms
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Section 69 1 of the Constitution provides that a person charged with a criminal offence has the right to a fair trial before an independent and impartial court. This right is absolute as in terms of section 86 3 e this right is specifically included as a right that may not be limited by law and it is also provided that no person may limit this right. In Mashayamombe HH the court pointed out that a stay of criminal proceedings could be granted where there where, in the circumstances of a case, it is not possible for an accused to be guaranteed a fair trial by reason of some other factors, such as abuse of criminal procedure, where criminal proceedings are instituted to achieve a purpose other than that which they are by law designed to achieve.
An abuse of process application should only be granted on an exceptional basis. It is a measure of last resort, to be adopted where all other possible measures have been exhausted. The abuse of process doctrine is ordinarily concerned with serious prosecutorial misconduct or with serious breaches of the rights of an accused by state authorities. Every accused person has the right to a fair trial by an impartial judicial officer. A fair trial cannot take place if the judicial officer is biased or there is a reasonable suspicion that he or she will be biased.
If an accused person is in custody, he will simply be brought to court on the date which has been set down for his trial. A person who fails to appear in court after receiving a deposit fine form, and who has not paid the deposit fine, can be treated in the same way as a person who fails to obey a summons.
If he fails to comply with a summons which has been properly served upon him, the prosecutor can request that a warrant for arrest be issued against him and when he is brought to court he can be fined up to level 3 or can be imprisoned for up to one month or both such penalties cab be imposed: s 4 CPEA. This fine, however, must be imposed when he is brought before the magistrate. He asked a lawyer to deal with the case; his lawyer arranged with the Senior Public Prosecutor for the case to be reconsidered, then set down for another day if necessary, excusing applicant on the remand date.
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CrossRef citations to date. 4 Yet the article also emphasises the stress and deskilling most Zimbabwean care workers have The larger figure includes NHS health care assistants, NHS agency staff and others (Skills for Care 6, 26).
President Robert Mugabe of Zimbabwe, seen here in December , flanked by his wife, Grace, and Emmerson Mnangagwa, the vice president. Both are potential successors as president. By Joe Brock and Ed Cropley. Filed Sept. To supporters of President Robert Mugabe, the inscription bordered on treason. They suspected that Mnangagwa, nicknamed The Crocodile, already saw himself in the shoes of Mugabe, 93 years old, increasingly frail and the only leader the southern African nation has known since it gained independence from Britain in Those Mugabe supporters are not alone.
Officially, Mugabe is not relinquishing power any time soon. But the intelligence reports, which date from to this year, say a group of powerful people is already planning to reshape the country in the post-Mugabe era. Key aspects of the transition planning described in the documents were corroborated by interviews with political, diplomatic and intelligence sources in Zimbabwe and South Africa.
These sources leave open the possibility that the government could be unelected. The aim would be to avoid the chaos that has followed some previous elections. This unity government would pursue a new relationship with thousands of white farmers who were chased off in violent seizures of land approved by Mugabe in the early s.
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Natasha Venables. All report photos by author. Since its independence in , Zimbabwe has had two waves of out-migration. The first occurred immediately after independence when many left to avoid the new government. A mass exodus began in as a result of the increasingly punitive actions of the liberator-turned-dictator, President Robert Mugabe. In the past 19 years, over three million Zimbabweans have fled, as a result of the persecution of some ethnic groups and individuals and the economic and political decline of the country.
This history cries out for reintegration and reconciliation in the country if the return of the diaspora is to be successful. The Zimbabwean diaspora spans some countries, with the most significant departure destinations being South Africa and the UK. My interest in return migration to my homeland, Zimbabwe, stems from my desire to return home, knowledge of other people trickling back, and research that shows that most migrants have a desire to return home.
Many believed Zimbabweans would now come home, especially after an encouraging message from the new president, Emmerson Mnangagwa, inviting people to return home. He promised the diaspora options for year leases to farm again or to set up businesses and gave the impression that all Zimbabweans, regardless of ethnicity, race, or political persuasion, were welcome to come and help rebuild their country.
Sadly, the violence that followed the August elections and further economic downturn destroyed the hopes for a mass return. Yet significant numbers of people are still returning home. In this report, I explore voluntary return to Zimbabwe and the reasons people go beyond their desire for economic security in search of belonging, identity, and home.
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