The applicant was arraigned before the senior regional magistrate, Eastern Division, charged with contravening s 66 (1) (b) (i) of the Criminal Law (Codification and Reform) Act [Cap 9:23], that is sodomy. The allegations were that on 6 January 2009 and at number 6334, Unit J, Seke, Chitungwiza, he unlawfully and intentionally inserted his erect penis into Nongerai Zinhuka’s anus without his consent. He was convicted despite his plea of not guilty and sentenced to ten years imprisonment of which four years imprisonment was suspended for five years on the usual conditions of good behaviour. More
We dismissed the appeal against conviction and sentence and gave reasons extempore. Subsequently a request was made for “reasons for judgment” and we hereby avail the full judgment. More
The facts of this matter are not in dispute. I set them out.
The applicant entered Zimbabwe in 1980. At the time he declared he was born in Arusha, Tanzania. In 1982 he applied for Zimbabwean citizenship. His application was declined. He made a second application in 1987 which was successful. In the second application, he declared that he was Somalian and was the holder of a Somalian passport whose number was given and recorded. In consequence of his gaining Zimbabwean citizenship, the applicant was issued with a passport by the first respondent. His current passport is valid until 2013. More
Section 47(1)(b) of the Money Laundering and Proceeds of Crime Act [Chapter 9:24] empowers this court to order seizure of property which is the subject of an interdict or which, on reasonable grounds, the court believes is either tainted or terrorist property and there is a reasonable likelihood that the property may be dissipated or alienated if not seized. More
At the hearing of this appeal we dismissed in its entirety on the turn. We indicated then that our reasons for that decision will follow. These are they.
The four appellants were convicted on their own pleas of guilty to one count of contravening s 182 of the Customs and Excise Act, [Chapter 23:02] and another of contravening s 48 of the Customs and Excise Act [Chapter 23:02] as read with s 1 of Statutory Instruments 19 of 2016 of the Control of Goods Act, [Chapter 14:05]. More
