This is an appeal against the refusal of the Magistrates’ Court to release the applicants on bail pending trial. The appellants are charged with the crime of public violence as defined in s 36 of the Criminal law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on 1 April 2023 the appellants were drinking beer at a bar, a fight started, empty bottles and chairs were thrown around and windows were broken. The appellants were denied bail after a substantive application. They now appeal this decision by virtue of the provisos of s 121 of the Criminal Procedure... More
This is an application for bail pending appeal. The applicant was arraigned before the Regional Magistrate’s Court sitting in Bulawayo, on a charge of rape as defined in section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations against him were briefly as follows: that on the 18 March 2021 he unlawfully had sexually intercourse with complaint without her consent. After a protracted trial he was convicted and sentenced to 10 years imprisonment. More
On the 14th October 2018 the Zimbabwe Football Association (ZIFA) Southern Region Soccer League elections were held at Bulawayo. The applicant stood against 3rd respondent for the position of chairman of the Southern Soccer Region. In a tightly contested election, the applicant lost the contest. 3rd respondent was duly elected and took over the position. Aggrieved by the outcome, the applicant noted an appeal with the 1st and 2nd respondents. Before noting the appeal and on 29th October 2018 the applicant addressed a letter to the ZIFA Electoral Committee in the following terms: More
This is a bail application pending trial. The applicants are charged with the crime of attempted murder as defined in s 189 as read with s 47 of the Criminal Law (Codification and Reform Act) [Chapter 9:23]. It being alleged that on 5 March 2023 the applicants acting in common purpose unlawfully attempted to cause the death of the complainant by assaulting him with logs and open hands all over the body. More
MAKONESE J: This matter has been brought before this court as a stated case in terms of Rule 199 of the High Court, Civil Rules, 1971. The rule provides that parties to a civil action or suit, may after summons has been issued, concur in a statement of the questions of law arising therein in the form of a special case for the opinion of the court. Rule 199 (3) makes further provision that upon the argument of such case, the court and the parties shall be at liberty to refer to the whole contents of such documents, and the... More
