The applicant was on trial before the regional magistrate, Chinhoyi, for rape. He pleaded not guilty. Evidence was led against him. At the end of the case for the prosecution, an application for his discharge was made in terms of s 198(3) of the Criminal Procedure and Evidence Act, [Chapter 9:07], which provides as follows;
“198(3) If at the close for the case for the prosecution the court considers that there is no evidencethat the accused committed the offence charged in the indictment, summons or charge, or any other offence of which he might be convicted thereon, it shall return... More
This is an application in terms of which the Executor testamentary of the estate of the late Vitalis Musungwa Gava Zvinavashe seeks an order that the Minister of Justice Legal and Parliamentary Affairs appoint an inspector to investigate the affairs of first respondent (a company) in terms of s 158 (a) (ii) of the Companies Act [Chapter 24:03] on the basis that the applicant believes that the said company my have fraudulently and or oppressively conducted its affairs to the prejudice of the deceased estate. More
When the applicant files what he or she terms “application for condonation of late noting of appeal” that description of the application suggests that the applicant has noted an appeal late and applies that the late filing should be condoned. The position is that no valid appeal can be noted with such late noting being condoned by application made after the late noting of the appeal. In practice, this description of applications by applicants who are time barred from noting an appeal has somehow come to be accepted as the correct description of such applications. In my view an application... More
This is a court application in which the 2 applicants who are former members of the Central Intelligence Organisation (CIO) seek an order in the following terms:
“IT IS ORDERED THAT: More
The determination of urgency in this matter depends on the efficacy of applicable domestic remedies. Are the remedies concerned “effective, available and adequate” ? The remedies under examination are reposed in the Public Procurement and Disposal of Public Assets Act [ Chapter 22:23] (“the Act”). More
