This is an appeal against refusal of bail pending trial by a magistrate. The appeal is made in terms of sections 121 (b) and 121 (2) (b) of the Criminal Procedure and Evidence Act (Chapter 9:07) (the Act).
The facts
The Appellant, a self confessed cross border transporter who has been frequenting South Africa for the past ten (10) years was charged with contravening section 60A (3) (a) (b) of the Electricity Act (Chapter 13:19). The section states,
“Any person who without lawful cause, the proof whereof shall lie on him or her, receives or takes into possession of any... More
This is an application for bail pending trial. The state is opposed to the application on the grounds that the applicant is a flight risk in that he fled to Tanzania and was extradited to Zimbabwe to face trial. Applicant faces fraud charges in contravention of the Criminal Law Codification Act (Chapter 9:23). It is alleged that on 19th October 2020 applicant obtained from the complainant a sum of US$335 000 by means of misrepresentation. Applicant misled the complainant into believing that he could secure mining equipment for the complainant. After receiving the money applicant vanished and subsequently left Zimbabwe.... More
This is an application to compel respondents to supply applicant with further and better particulars. The factual background is that the applicant was served with summons in the main matter under HC 3415/15. Before the dies induciae had expired, applicant filed a request for further particulars, which particulars were duly supplied. Subsequently, the applicant did not file a plea or some answer to the claim as required by the rules. Instead, it filed yet another request for further and better particulars. The respondents refused to supply those particulars arguing that they were purely evidential in nature. More
This is an application for bail pending trial. The application is opposed. The applicant is facing allegations of contravening section 189 as read with section 47 of the Criminal Law Codification and Reform Act (Chapter 9:23) that is attempted murder. Applicant faces a second count of malicious damage to property in contravention of section 140 of the Code. He faces a third count of unlawful entry into premises in violation of section 131 (2) of the Code and a fourth count of assault as defined in section 89 of the Code. Applicant denies the allegations and avers that he was... More
This is an application for condonation of late filing of an application for setting aside an Arbitral Award in terms of Article 34 of the Arbitration Act Chapter 7:15. Both parties travelled an arduous journey to reach where they are today. Numerous judgments by this Court and the Labour Court were penned by different Judges. After a protracted dispute concerning the appointment of an impartial arbitrator to quantify the damages earlier on awarded by Mr M. L. Sibanda, the Registrar of this court was ordered to appoint an Arbitrator from his roll – See HC 1271/19. More
