This matter was first placed before my brother MAFUSIRE J on 2 February 2017. The applicants successfully sought his recusal and since we are only two judges at the station the matter landed on my desk. I proceeded to set the matter down for hearing on 8 February 2017 but on that date I was advised that Counsel for all the respondents were not available due to earlier commitments. I was compelled to reschedule the matter for hearing on 15 February 2017. More
Section 251(1) of the Constitution of Zimbabwe says:
“For a period of ten years after the effective date, there is a commission to be known as the National Peace and Reconciliation Commission consisting of –”
The rest is not immediately relevant. More
MAMBARA J: The application is one for admission to bail pending the determination of an appeal noted against a conviction for attempted murder and the attendant sentence. The applicant is a youthful-looking man of twenty-eight years who was released from prison only last year after serving an effective four-year term arising from a previous six-year sentence for the very same offence. Within twelve months of breathing the air of freedom he again set upon a defenceless victim, this time a uniformed police officer who was peacefully executing his duties, and felled him with a stone weighing almost two kilogrammes. He... More
This was an urgent chamber application. The relief sought was poorly laid out in the draft order. But its essence was basically an interim interdict to bar the police board of enquiry [hereafter referred to as “the suitability enquiry board” or, in short, “the SEB”] from investigating the suitability or fitness of the applicant, a police constable, to remain a member of the force, or to retain his rank or salary. The interdict was sought pending the determination of a certain review application that was filed in this court under case no HC 392/17. More
The applicant was a regular member of the police force. He was a constable. The respondents sought to try him for alleged indiscipline in terms of s 29, as read with s 34 of the Police Act, Cap 11:10, and as further read with paragraph 35 of the Schedule to that Act. More