The appellant appeared before a magistrate sitting at Bulawayo on the 18th of November 2018 facing two counts of contravening section 89 (1) (a) of the Criminal Law (Codification and Reform) Act (Chapter 9:23), that is assault. Appellant pleaded not guilty to both counts but following a full trial he was convicted and sentenced to 48 months imprisonment of which 12 months was suspended for 5 years on the usual conditions of good behaviour.
Dissatisfied with the outcome of the proceedings in the court a quo, appellant lodged an appeal against both conviction and sentence.
In his grounds of appeal,... More
Introduction
1. This is an application for rescission of judgement. The order sought to be rescinded was granted by consentin case number HC 1981/18 on the 23rd August 2018. In this application applicant seeks an order couched as follows:
i. The application for rescission of an order by consent be and is hereby granted.
ii. The divorce order by consent granted on the 23rd August 2018, under case number HC 1981/18 be and is hereby rescinded in as far as the property sharing is concerned.
iii. The respondent be and is hereby ordered to pay costs on a legal practitioner... More
DUBE-BANDA J:This is an application for bail pending trial. Applicant is being charged with the crime of murder as defined in section 47 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. The allegations from which the charge of murder arises are set out in the Police Form 242, a Request for Remand Form, which states that: on the 16 January 2021, applicant in the company of three accomplices, who are at large, assaulted one Remember Moyo (deceased), with a metal object resulting in him collapsing. He was further assaulted with axes and a metal object. Nomalanga Sibanda (companion),... More
The applicant and his co-accused who is not part of this application were indicted before this court on a charge of murder as defined in section 47 of the Criminal Law (Codification and Reform) act [Chapter 9:23]. It being alleged that on 16 January 2021 they struck the now deceased on the head with a metal bar intending to kill him or realizing that there was a real risk or possibility that their conduct may cause his death continued to engage in that conduct despite the risk or possibility. More
The right to personal liberty is enshrined under section 49 (1) of the Constitution of Zimbabwe (Amend No. 20) 2013, which provides as follows:
“(1) Every person has the right to his personal liberty which includes the right –
(a) not to be detained without trial;
(b) not to be deprived of their liberty arbitrarily or without just cause.” More
