The applicant seeks to be released on bail pending trial. The application is in terms of section 117 A of the Criminal Procedure and Evidence Act. He is facing a charge of robbery and murder. He is jointly charged with 4 others. It is alleged that on 21 July 2024 at 2200 hours, the crew proceeded to rob Pangani Central Mine in Filabusi and that they were armed with axes, catapults, machetes and knives. It is alleged that they met resistance thereat which led to clashes culminating on the death of the deceased Luckson Phiri. The State alleges that the... More
This is an appeal against the decision of the Provincial Magistrate sitting at Harare delivered on 30 March 2012 in which he dismissed an application by the appellants for the suspension of their sentence of 12 months imprisonment or 420 hours of community service at institutions in Harare and Chinhoyi. More
This is an appeal against the decision of the Employment Council for the Chemicals and Fertilisers Manufacturing Industry (NEC) Appeals Committee, which upheld the dismissal of Appellant from Respondent’s employment after he was found guilty of misconduct in terms of the applicable NEC Code of Conduct. More
Before ZIYAMBI AJA, in chambers in terms of r 5 of the Rules of the Supreme Court, 1964.
[1] This application is brought in terms of ‘Rule 63 as read with Rule 449 (1)(a) of the High Court Rules’ 1971 for condonation of the late noting of an application for rescission of a default judgment given in chambers by MAVANGIRA JA in chambers on the 13 July 2017. More
The plaintiff and defendant were married on 29 October 2007 in terms of the then Marriage Act [Chapter 5:11] at Guruve. The marriage was blessed with three children, Rufaro Chengeta (born on 9 April 2001) (Rufaro), Isaac Simbarashe Chengeta (born on 1 March 2003) (Isaac) and Michaela Ropafadzo Chengeta (born on 2 August 2013) (Michaela). On 19 July 2017 plaintiff sued out summons claiming a decree of divorce and ancillary relief. In her declaration she stated that the marriage between the parties has irretrievably broken down such that there is no reasonable prospect of restoration of a normal marriage relationship.... More
The applicant who is facing four counts of stock theft as defined in s 114 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], approached the court seeking to be admitted to bail pending trial. It is the State’s contention that on 25 May 2018, 27 May 2018 and on 5 January 2019 the accused unlawfully took 10 cattle knowing that the complainants in the 4 counts were entitled to own or possess or control the livestock or realising that there was a real risk or possibility that the complainants were the owners and entitled to possess or control... More
The appellant appeals against the dismissal of his appeal against conviction and sentence by the High Court (“the court a quo”) on 21 May 2019. On 11 July 2016, the appellant was convicted by a Regional Magistrate (the trial court) at Harare of one count of rape. He was sentenced to 14 years’ imprisonment of which 4 years imprisonment was suspended for 5 years on the customary conditions of future good conduct. Dissatisfied, he unsuccessfully appealed to the court a quo, against both conviction and sentence. More
The applicant is employed by the respondent as a Revenue Officer stationed at Masvingo. Consequently, the applicant is bound by the respondent’s Registered Code of Conduct i.e. the Zimbabwe Revenue Authority Employment Code of Conduct and Grievances Procedure (the Code of Conduct). On 27 November 2017, the applicant was charged with misconduct and was suspended from employment without pay and benefits in terms of clause 10.1 (a) of the Code of Conduct. The misconduct pertained to making false declarations by the applicant in respect of assets he owns. The respondent avers that due to the nature of its organisation, it... More
On 12 January 2018 the applicant applied for bail pending appeal. In his affidavit in support of the application for bail he submits that that there are real prospects of success on appeal. More
This is an application for condonation of late noting of appeal. The applicant was charged and convicted of improper association with a school girl at Rusike Secondary School. The improper association occurred in 2000. The applicant was convicted in 2006.
On 30 September 2006 the applicant noted an appeal against the determination and penalty meted on him. On 30 May 2007 the Provincial Education Director Mashonaland East wrote to the applicant indicating that the Commission has no jurisdiction to consider appeals. On 25 July 2014 the applicant applied for re-appointment into the Ministry. His application was turned down. On 10... More
This is an interlocutory appeal against the judgment of the High Court (“the court a quo”) dismissing the appellant’s application for recusal of the presiding judge in the court a quo. The appeal is brought without leave as the question of leave does not arise. This is because the dismissal of an application for recusal has the effect of a final and definitive order. In Moch v Nedtravel 1996 (3) SA 1 (A) the Appellate Court held that no leave is required in such an interlocutory appeal. No issues arise from that observation in this case. I therefore proceed to... More
The applicant and two other co-accused persons stand charged with the murder of one Sipho Million Mncube. The crime was allegedly committed on 12 March 2020. As part of his investigations, the second respondent who happens to be the investigating officer, approached the third respondent for an order to compel the applicant to produce samples of his blood for comparison with samples of blood on some recovered blood stained clothes. The applicant withheld his consent to the extraction of his blood samples for that purpose.It is the warrant of search and seizure that was issued by the third respondent on... More
On 19 October 2017 respondent issued summons against the appellant praying for the eviction of the appellant and all those acting through him from Machapuya Village, Chipangara Township, Chikore, Chipinge. He also claimed holding over damages of $200-00 per month from the date of summons to date of eviction, he also wanted the court to grant him vacant possession of the Machapuya Village and costs. Respondent brought the action against the appellant in his personal capacity as the executor of the estate late Luke Zemutsa and Julia Mwero Kudhlande who died in 2010. Respondent was appointed executor of the estate... More
