The appellant is an unrepresented litigant who noted an appeal against the dismissal by the Magistrate’s court of his application to suspend pending appeal a sentence passed against him on 4 July 2023. The sentence inter alia required him to serve community service and pay restitution. Appellant noted an appeal against both conviction and sentence by the Magistrate’s court. Because he believed that the sentence should not be executed pending the determination of his appeal he applied for the suspension of the sentence pending appeal which application was dismissed. Dissatisfied with the dismissal of his application, appellant noted an appeal... More
The applicant is in remand prison on allegations of armed robbery as defined in section 126 of the Criminal Law (Codification and Reform Act) [Cap 9:23]. The applicant acting in consort and common purpose with 4 others is alleged to have robbed ZB Bank at gun point on 18 March 2010. He is alleged to have supplied the firearm that was used in the robbery. The gang using force and violence then stole USD114 724-00, ZAR14 332-00, one pistol and six cell phones More
In practice a judicial officer should resist the temptation to render a decision without satisfying himself or herself that such order is legally competent. This is particularly important in the magistrates court because magistrates court and magistrates do not have inherent powers. They can only exercise powers given by statute. In this case the magistrate sitting at Mutoko suspended warrants of arrest issued against the applicants at the instance of the High Court. This court had, through its Registrar in the exercise of a delegated judicial function, dismissed the applicants’ criminal appeals for want of prosecution and ordered their apprehension... More
The applicant approached the court with an application for bail pending appeal. The respondent (State) opposed the application. Both the applicant and respondent filed documents for and against bail respectively. They both further orally addressed the court. The court was inclined to agree with the respondent’s argument that the applicant was not a suitable candidate for bail pending appeal. More
I heard argument in this matter on 14 April 2021 and granted an ex tempore judgment. This full judgment contains reasons for my decision. It was an application for a declaratory order in terms of s 14 of the High Court Act [Chapter 7:06]. The relief which I granted is as follows:
1. The application for the declarater is granted.
2. The first respondent’s decision to rescind the applicant’s approval by the third respondent and a directive to the second respondent to effect the directive abovementioned be and is hereby set aside.
3. Consequently, the applicant’s approval and appointment to... More
