The above two applications have been consolidated only for purposes of preparing one judgment that disposes of both applications. The motivation for the consolidation is based upon the considerations that both applicants are co-accused in case No. Harare Magistrates court CRB 4105 – 4113/15 wherein they were arraigned for trial with six other co-accused. They are also co-applicants with their co-accused in case No. HC 4098/19 wherein they seek a review of the criminal proceedings. More
The above record of proceedings pertain to trials presided over by the same magistrate at Murehwa Magistrate Court. They suffer from the same irregularity of a procedural error which vitiates the proceedings. In all the cases, the accused persons were convicted on their own pleas of guilty purportedly done in terms of s 271 (2) (b) of the Criminal Procedure and Evidence Act, [Chapter 9:07] . When the records were initially placed before me to review in July, 2021, I raised in respect of each record of proceedings, a similar query on whether or not the trial magistrate had complied... More
The proceedings in the two matters under review suffer from the same irregularity. They were dealt with by the same learned provincial magistrate who to her credit has acknowledged her acts of omission. Upon my perusal of the two records on review, I raised a query that it did not appear on record that the learned provincial magistrate had complied with the provisions of s 163A of the Criminal Procedure and Evidence Act, [Chapter 9:07] at the commencement of the two trials. I therefore revert to s 163A aforesaid. More
I have deliberately consolidated both bail applications because they are related and interlinked. In case number 309/13 the firstappellant ThabaniMpofu is jointly charged with Felix Matsinde, Warship Dumba and MethuliTshuma with contravening s 4 (3) of the official Secrets Act [Cap.11: 09], Contravening s 179 (1) of theCriminal Law (Codification and Reform) Act [Cap:9:23] and s 40 (1) of the same Act. The offences have to do with the unlawful communication of certain official Information and possession of certain articles for criminal use. More
Change is a complex topic. It baffled even Aristotle and his predecessors. For instance Plato argued that real things do not change. He confined change to the realm of appearances; that is the physical world. Parmenides rejected the concept altogether and argued that change did not exist. Although those early scholars were dealing with the metaphysical, in the modern world of administration of justice, change also remains a frightening proposal. Judicial officers are naturally comfortable with the old, tried and tested systems. They do not want to create new problems. It is one of the reasons why precedent is regarded... More
