MAKONESE J: Section 274 of the Criminal Law Codification and Reform Act (Chapter 9:23) provides that where a person is charged with a crime the essential elements of which include the essential elements of some other crime, he or she may be found guilty of such other crime, if such are the facts proved and if it is not proved that he or she committed the crime charged. The effect of this provision in our law, is that where the evidence led and proven facts are found that another cognizable offence at law, other than that in the charge sheet... More
TAKUVA J: This is an application for a declarateur against the respondent. Applicant seeks an order declaring that the respondent’s deduction of her health allowanceextended to her by the Ministry of Health and Child Care is illegal and unlawful. Further applicant seeks an ancillary order for the payment of all monies that have been deducted by the respondent to date. More
DUBE-BANDA J:This is an application for bail pending appeal. The applicants, including one other individual who is not part of these proceedings, were arraigned before the court of the Magistrate on a charge of theft as defined in section 113 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. After a contested trial, the three were found guilty as charged. First applicant was sentenced to forty months imprisonment, six months suspended on the usual conditions and a further twelve suspended on condition of restitution. He remained with an effective prison term of twenty-two months. Second applicant was... More
On 30 September 2022 the applicant entered into a joint venture and partnership agreement with the respondent. The purpose of the partnership was to conduct mining operations on certain mining gold claims being registration numbers 46081-09 and 46814. The applicant contends that the partnership agreement had been terminated by mutual consent. The termination was caused by the fact that the mining venture proved unviable and unprofitable. The dispute turns on the contention by the applicant that it is being refused to remove its equipment from the mining claims. More
The applicant is a South African national ordinarily resident in the Republic of South Africa. He is facing charges of theft as defined in section 113 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23). The allegations are that on the 25th of June 2019 he stole a truck, an Iveco Tracker, registration number HXP 425 MP from a parking bay in South Africa, by means of forged and fraudulent documents. On the following day, a report was made to the police. A tracking device on the vehicle was activated and indicated that the vehicle was crossing into... More
