In this review application the applicants pray for relief as follows–
“IT IS ORDERED THAT:
1. The application for review succeeds.
2. The 2nd respondent’s decision to proceed with the trial of the applicants notwithstanding the provisional order in case No. HC 7206/20 be set aside.
3. The proceedings before the 2nd respondent held on 28 April 2021 be quashed.
4. That the decision made on 28 April 2021 in the trial of the applicants in case No. ACC 45-47/20 X Ref CRB HRE P 7566-8/20 be set aside.
5. The criminal matter of the applicants be placed before another... More
The background to this appeal is that the two appellants appeared before the Provincial Magistrate at Harare Magistrates on 6 March, 2021 on initial remand. They were legally represented by Mr J. Bamu who again is their legal representative in this appeal. The appellants faced a charge of contravening s 5 (3) (a) of the Public Health (Covid 19 Prevention, Containment and Treatment National Lockdown) Consolidation and Amendment Order of S.I. 200/29 as read with S.I. 42/2021 (Partakes or covenes a gathering) Chapter 15:07. More
The background to this appeal is that on 11 March, 2021, the appellants were denied bail by the provincial magistrate sitting at Harare. They had appeared before the magistrate on 6 March, 2021 for initial remand on a charge of contravening s 5(3)(a) of the Public Health (Covid 19 Prevention, Containment and Treatment National Lockdown) consolidation and Amendment order of S.I 200/20 as read with S.I. 42/2021 (Partake or convenes a gathering) [Chapter 15:07]. The appellants applied for bail unsuccessfully. The provincial magistrate dismissed the application. Following the dismissal of the application, the appellants noted an appeal to this court... More
1. This is an application for the recusal of CHIKOWERO J from sitting as a member of the court presiding over case numbers HACC (A) 12/23 and HC 8597/22. The former is an appeal against the whole judgment of the magistrates court convicting the applicant of one count of defeating or obstructing the course of justice as defined in s 184(1) (e) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The latter is an application for review of the trial court’s interlocutory decision dismissing the applicant’s exception to the same charge. The applicant had excepted to the charge... More
The applicant, Job Sikhala (“Sikhala”), is a legal practitioner and a politician. He is reviewing the decision of the second respondent (“the magistrate”), who, sitting at the court in Harare, placed him on remand on a charge of contravening s 187(1)(a) as read with s 36(1)(a); alternatively contravening s 187(1)(b) as read with s 36(1)(b); alternatively contravening s 37(1)(a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (“the Act”). He advances two grounds of review. These are that:
1. The second respondent’s decision was grossly irregular in that it departs from previously decided cases binding on second respondent... More
