The applicant is seeking to be released on bail pending trial in terms of section 117A (1) of the Criminal Procedure and Evidence Act (Chapter 09:07). He is facing a charge of murder in terms of section 47 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). In terms of the form 242, it is alleged that on the 6th of January 2024, the applicant and his brother one Pilate Ndlovu assaulted the deceased Sipho Mpofu with stones and bricks and thereby causing his death. It is common cause that the quarrel with the deceased was over the issue... More
This is an urgent chamber application lodged in this court on 10 December 2021. It was placed before KABASA J who on 13 December 2021 directed that the applicant serve the urgent chamber application on the respondents together with the Notice of Set Down for Tuesday 16 December 2021 at 12 noon. On 16 December 2021 the matter although ready to be argued, could not be argued as the Legal Practitioner for the 1st respondent was indisposed and by consent of the parties the matter was post-poned to Monday 20 December 2021. With KABASA J’s duty ending on 17 December... More
KABASA J: This is an appeal against the refusal by the court a quo to grant the appellant bail on the basis of changed circumstances.
The background to the matter is this: The appellant was arrested in October 2020 on allegations of theft as defined in section 113 (2) (a) and fraud as defined in section 136 of the Criminal Law (Codification and Reform) Act, Chapter 9:23. More
DUBE-BANDA J: This application for condonation for the late filing of an application for review came before me in the unopposed motion court. Although served with this application, 1st and 2nd respondent did not file a notice of opposition. Thus this matter was set-down in the unopposed motion court. The applicant seeks the following relief:
1. Condonation and extension of time within which to file review proceedings in the High Court be and is here by granted.
2. Applicant to file review proceedings in the High Court within 10 days of this order. More
