This is an appeal against magistrate’s refusal to grant bail in terms of s 121(1)(b) of the Criminal Procedure and Evidence Act [Chapter 9:07].
In appeals such as this one, an appellate court will only interfere with the magistrate’s decision only if the magistrate committed an irregularity or misdirection or if the magistrate exercised her discretion unreasonably or improperly to vitiate her discretion – S v Malunjwa 2003(1) ZLR 276(H) – AG vSiwela SC 20/17 More
The applicants herein seek the rescission of a judgment granted against them in default on 14 June 2010 as a result of their failure to attend a pre-trial conference set down before MTSHIYA J. The background to the dispute is as follows: More
The applicant is a national of Ireland. He came into this country as a visitor, what is commonly known as a tourist. On 31st August 2006, officers from the first respondent seized certain items which he had in his possession and which he intended to export to Ireland through a freight forwarding entity known as Trax International. It is common cause that at the time of seizure of these items, which are carved out wood, no documents were issued to the applicant. It is common cause that from that date the applicant and the first respondent have had discourse on... More
The appellant appeared before Court a quo charged with Criminal abuse of duty as a pubic officer as defined in s 174 of the Criminal Law (Codification & Reform) Act [Chapter 9:23]. The allegation is that the appellant, who is employed in the service of the State and stationed at Makombe Passport office as a Processing officer, corruptly released a passport to Pretty Choice Madekufamba at a time when the issuing of ordinary passports had been suspended. The passport was released through the facilitation of Nicholas Chogugudza, who allegedly hangs around at Makombe Building as a link between members of... More
This application was filed on 3 May 2021 following a ruling by the first respondent dismissing an application for separation of trials. The first respondent was presiding at the applicant’s trial on two corruption charges namely criminal abuse of duty as a public officer, a crime defined in s 174(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and corruptly concealing a transaction from her principal as defined in s 172 of the Criminal Law (Codification and Reform) Act. More
