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This is an urgent application for an order staying certain unterminated criminal proceedings against the applicants. The proceedings are underway before the first respondent, a Regional Magistrate. The applicants seek to stay the proceedings pending determination of two applications that they filed with this Court for direct access. If successful in the applications for direct access, the applicants intend to file an application in terms of s 85(1) of the Constitution, allegedly for the enforcement of their fundamental rights and or freedoms. More

MAKONESE J: On the 31st of May 2020 and at around 20:30 hours the accused and the deceased were drinking home brewed beer at accused’s homestead. A misunderstanding arose between the two over who was older than the other. The argument degenerated into a fight. Deceased threw a wooden stool at the accused hitting him on the head and face. Deceased ran away. Accused sustained some bruises on the forehead and chest. The accused gave chase and caught up with the deceased. Accused assaulted the deceased several times all over the More