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
DUBE-BANDA J:This is an urgent application. This application was lodged in this court on 16 January 2021. The application was placed before me and I directed that the copy of the application be served on the respondents. This application was considered on the papers filed by the parties without oral argument, in accordance with paragraph 4 of Practice Directive 2 of 2021 issued by the Chief Justice of Zimbabwe. The application is opposed by 1st respondent.
In this urgent chamber application, the applicant seeks a provisional order drawn in the terms:- More
MOYO J: This is an application for leave to execute pending appeal. It is trite that in such an application at the centre of the determination are the prospects of success on appeal. The 1st respondent raised 2 points in limine,that is non-disclosure of actual facts and dirty hands. However, it is the view of this court that such information was not relevant to the dispute at hand, it being whether or not applicant should be allowed leave to execute an order of this court pending appeal. It is my considered view that in this application, applicant did not have... More
