MAKONESE J: In terms of section 52 (4) (c) of the Road Traffic Act (Chapter) 13:11 where a person is convicted of an offence involving the driving of a commuter omnibus or a heavy vehicle, the court shall prohibit the person from driving a vehicle for a mandatory period of not less than 2 years, unless there are special circumstances. An International Truck is a heavy vehicle. That fact should ordinarily be disclosed in the charge sheet and state outline. The sentencing court should in all traffic violations be careful to establish and ascertain the class of motor vehicle involved... More
This matter was brought on review at the instance of the scrutinizing regional magistrate. The offender was arraigned before the magistrates’ court sitting at Zvishavane charged with the crime of contravening infanticide as defined in s 48(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on 9 January 2024 the offender gave birth to a baby girl and intentionally dug a pit and buried the baby alive which conduct caused the death of the baby at time when the balance of her mind was disturbed as a result of giving birth. The offender pleaded... More
TAKUVA J: This is an urgent chamber application wherein the applicant seeks interim relief couched in the following terms;
“INTERIM RELIEF SOUGHT
Pending the return date of this matter the applicant be and is hereby granted the following interim relief:
1. The respondents be and are hereby directed to suspend and put on hold the transfer of stand No. 1356 Cowdray Park from the applicant to the 1st respondent pending finalization of this matter.”
The facts giving rise to this application can be gleaned from the applicant’s founding affidavit and summarised as follows: More
This is an application for bail pending appeal in terms of section 123 (b) (1) of the Criminal Procedure and Evidence Act (Chapter 9:07) as read with Rule 90 (4) (e) of the High Court Rules 2021. More
This is an appeal against conviction and sentence. The appellant appeared before the Regional Magistrates Court sitting in the Western Division, he was charged with the crime of criminal abuse of duty as a public officer as defined in s 174 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. It being alleged that on 7 September 2021 and at Bulawayo Magistrates Court, Tredgold Building, Bulawayo he during the exercise of duties as a Magistrate being a Public Officer unlawfully and intentionally granted two different verdicts in a court application, that is to say he passed a ruling dismissing... More
