The appeal in the matter is against the minimum mandatory sentence imposed on the appellant for illegal possession of gold in contravention of s 3 (1) as read with s 36 of the Gold Trade Act, [Cap 21:03].(“the Gold Trade Act,”) (“the Act”). More
I would not have composed a written judgment but for the need to clear the confusion within the applicant’s misunderstanding of procedure to assert his liberty rights. The background to the applications B 1725/20 and B 1892/20 is as follows.
The applicant was convicted by the regional magistrate sitting at Harare on 4 October, 2017 on four counts of rape. Consequent on the conviction, the applicant was sentenced to fifty years imprisonment. Ten years of that sentence was suspended for five years on conditions of future good behavior. The effective sentence imposed was therefore forty years imprisonment. The applicant noted... More
I heard this matter on 16 September 2021. I delivered an ex tempore judgment in which I:
(i) dismissed the defendant’s exception and directed the plaintiff to file and serve his amended summons and declaration upon the defendant within ten (10) working days of the date of this order;
(ii) dismissed the defendant’s special plea of prescription;
(iii) upheld the defendant’s special plea of res judicata only to the extent of the plaintiff’s claim for $ 50 000 and dismissed the same in respect of his claim for $ 30 000 – and
(iv) ordered that costs be in the... More
This is an opposed court application seeking a declaratory order and other ancillary relief in the following terms;
“IT IS HEREBY ORDERED THAT:
1. The decision by the first respondent to hold a disciplinary trial in 2001 and the conviction of the applicant be and is hereby declared null and void.
2. The decision by the first respondent to hold a Board of Inquiry (Suitability) be and is hereby declared null and void.
3. The applicant be and is hereby reinstated forthwith without loss of salary and benefits.
4. Respondents pay costs of suit on an attorney and client scale.” More
The petitioner contested for and lost the Chinhoyi House of Assembly Constituency. He was ZANU (PF”S) candidate for that constituency, in the 29 March harmonised elections. He contested against the respondent an MDC Tsvangirai candidate, who won the right to represent that constituency. The Petitioner presented this petition to the Registrar of the Electoral Court on 14 April 2008. He sought an order of this court setting aside the respondent’s election and an order declaring the seat for the Chinhoyi House of Assembly Constituency vacant plus other procedural orders which would lead to a by-election being held in that constituency. More
