This is an application for condonation of the late noting of an appeal against sentence only. The applicant was convicted of 2 counts of rape by the Regional Court, he was sentenced to 17 years imprisonment in respect of each count giving a total of 34 years imprisonment of which 4 years imprisonment were suspended on the usual conditions, leaving him with 30 years effective. It is applicant’s submission that the sentence is too excessive as he is a first offender, and was the sole bread winner. More
MAKONESE J: This is an urgent chamber application for an interdict. The Draft Order is couched in the following terms:
“INTERIM RELIEF SOUGHT
1. That 1st and 2nd respondents, their associates, agents, assignees, partners, and all those claiming mining rights through them, be and are hereby ordered to forthwith cease all mining activities at Ansh 267 gold mine, registration number 27857, situate at Selukwe Peak Farm, Shurugwi.
2. That 4th respondent be and is hereby directed and ordered to carry out a survey on the ground and compile and file with the court a survey report within 21 days of... More
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]. On the 11 June 2020, applicant appeared before the Gwanda Magistrate’s Court, whereupon he was placed on remand and detained in custody. Since the applicant is facing a murder charge, an offence specified in the Third Schedule, the magistrate had no jurisdiction to entertain his bail application. This is so in terms of section 116 (c) (iii) of the Criminal Procedure and Evidence Act [Chapter 6.09], (the Act)... More
MAKONESE J: This is an application for rescission of judgment and application for stay of execution. I have combined the two applications for convenience. They concern the same parties and the circumstances arise from the same subject matter. The application is opposed by the respondents. The 12 respondents nominated one Bishop Phakathi to represent them all. More
DUBE-BANDA J:This is a court application for a declaratur. Applicant seeks a declaratory relief couched in the following terms:
It is ordered that:
a. The sale of applicant’s bus by the 1st respondent pursuant to the court order under cover of case number HC 2576/18, obtained by the 2nd respondent under a sale conducted by the 3rd respondent be and is hereby set aside.
b. Alternatively, to order in paragraph (a) above it be and is hereby declared that the sale of the applicant’s bus is and was a legal nullity.
c. The applicant be and is hereby granted the... More
