The background to this appeal is that the appellant and his co-accused
Tapiwanashe Chiringa appeared before the Provincial Magistrate at Harare Magistrates Court on 27 February, 2021 on allegations of contravening contravened s 5 (3) (a) of the Public Health (Covid 19 Prevention, Containment and treatment) National Lockdown consolidation and Amendment Order of S. I 200/2020 as read with S. I 42/2021 (Partakes or convenes a gathering). The details of the charge were that on 25 February, 2021, the appellant in the company of accomplices still at large who included one Joana Mamombe and Cecilia Revai Chimbiri attended the magistrates... More
This is an appeal against the sentences imposed on the appellant on a conviction for rape by the regional Magistrates Court siting at Murewa on 29 April 2019. Appellant was granted condonation by the High Court for the late noting of an appeal against sentence only. His application for condonation of his late noting an appeal against conviction was dismissed. More
The applicants allege that they are owners and occupants of the stands identified above. They claim to have bought such stands from one Martin Sibindi and Pilo Kauma or from people who had bought from these two. Martin Sibindi is alleged to have been the owner of the remainder of Lot 12 Tynwald, Harare and he worked with Pilo Kauma in disposing of these. After purchasing the stands, the applicants claim to have taken occupation and developed the stands into the homes which they currently occupy. Martin Sibindi who was slow in effecting developments to the stands was allegedly sued... More
1. This is an appeal against both conviction and sentence.
2. The appellant was convicted on a charge of theft of trust property as defined in section 113 (2) (a) of the Criminal Law ( Codification and Reform ) Act [ Chapter 9:23]
3. He was sentenced to 7 years imprisonment of which 1 year was suspended for 5 years on the usual conditions of good behaviour. A further two years imprisonment was suspended on condition the appellant paid restitution, to leave the effective custodial term as 4 years.
4. It was common cause that the appellant, a cashier in... More