S v MUSINDO 1997 (1) ZLR 395 (H)

Flynote

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 18(2) — right to trial within a reasonable time — lengthy delays in starting trial — unrepresented accused — entitled to look to court to ensure rights are not infringed — magistrate's failure to make adequate enquiries about lengthy delay — effect

Court — judicial officers — duties — unrepresented accused — duty to ensure that accused's constitutional right to trial within reasonable time not infringed — duty to explain plea, accused's rights and other aspects of trial — explanation should be made by judicial officer himself, not by interpreter — integrity and impartiality — duty to maintain detached impartiality — undue tolerance for the prosecutor and unreasonable restriction of the accused

Criminal procedure — trial — conduct of — unrepresented accused — magistrate's duty towards — duty to explain plea, accused's rights and other aspects of trial — delegation of explanation to interpreter — effect — recording of explanation — what should be recorded — requirement for fair trial — court's duty to treat prosecutor and accused equally and even-handedly

Evidence — witness — examination — leading questions — reasons for avoiding — cross — examination — putting as fact a proposition without instructions or without having laid foundation in fact — desirability of refraining from such form of examination