The appellants were on their own pleas of guilty convicted of contravening s 184(g) of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. They were each sentenced to 12 months imprisonment of which 2 months imprisonment was suspended on condition of future good conduct. More
This is an appeal against magistrate’s refusal to grant bail in terms of s 121(1)(b) of the Criminal Procedure and Evidence Act [Chapter 9:07].
In appeals such as this one, an appellate court will only interfere with the magistrate’s decision only if the magistrate committed an irregularity or misdirection or if the magistrate exercised her discretion unreasonably or improperly to vitiate her discretion – S v Malunjwa 2003(1) ZLR 276(H) – AG vSiwela SC 20/17 More
This is an appeal against the decision of the appeals hearing officer who upheld the guilty verdict and dismissal penalty meted out on appellant following allegations of willful disobedience to a lawful order in contravention of the respondent employment code of conduct. More
This is a chamber application for condonation of the late filing of an appeal against conviction. In terms of r 106(7) of the High Court Rules, 2021 this matter was set down for oral argument and heard on 13 May 2022. After argument by the parties, I gave an ex-tempore judgment and dismissed the application. On 17 March 2023 the applicant wrote a letter to the Registrar asking for the reasons for the dismissal of his application. The letter was brought to my attention on the 27 March 2023. In the letter he suggests that I dismissed his appeal against... More
The applicant appeared before the Magistrates Court at Harare on a charge of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
This is a chamber application. The applicant, in her capacity as an aunt to B.U.M. ("minor child") instituted this application seeking to be declared the sole guardian and custodian of the minor child. The child is four years old, having been born on 15 February 2020. In support of the application, the applicant filed a founding affidavit, supporting affidavits and a number of documents. More
The applicants herein seek the rescission of a judgment granted against them in default on 14 June 2010 as a result of their failure to attend a pre-trial conference set down before MTSHIYA J. The background to the dispute is as follows: More
The applicant is a national of Ireland. He came into this country as a visitor, what is commonly known as a tourist. On 31st August 2006, officers from the first respondent seized certain items which he had in his possession and which he intended to export to Ireland through a freight forwarding entity known as Trax International. It is common cause that at the time of seizure of these items, which are carved out wood, no documents were issued to the applicant. It is common cause that from that date the applicant and the first respondent have had discourse on... More
This is an appeal against an arbitral award which found that the respondents were owed arrear salaries and cash in lieu of leave as follows:
(i) Rumbidzai N Baru $12 567-00
(ii) Peter Chisambiro $ 8 260-00
The arbitral award was handed down on 26 August 2015. More
This is an application for condonation of the late filing of an application for leave to appeal to the Supreme Court. The judgment in the main matter was handed down on 17 August 2012. The draft notice of appeal accompanied by the application for condonation for its late filing was filed with the court on 11 January, 2013. The application for condonation is opposed. More
Applicant was customarily married to Elia SvosveraiNdoro who died intestate in 2010, she was the third wife. Alice Ndorowas also married to Elia Ndoro and she was the second wife. Alice died in 2008 without leaving a will. When Alice Ndoro died Josephine Chinaka (“second respondent”) was appointed executrix dative over Alice Ndoro’s estate and Joseph Chinake (“third respondent”) is cited as beneficiary. In compiling the inventory of Alice Ndoro’s estate, a shop situated at Chinyauhwera was included as part of the estate of the late Alice Ndoro. More
The appellant appeared before Court a quo charged with Criminal abuse of duty as a pubic officer as defined in s 174 of the Criminal Law (Codification & Reform) Act [Chapter 9:23]. The allegation is that the appellant, who is employed in the service of the State and stationed at Makombe Passport office as a Processing officer, corruptly released a passport to Pretty Choice Madekufamba at a time when the issuing of ordinary passports had been suspended. The passport was released through the facilitation of Nicholas Chogugudza, who allegedly hangs around at Makombe Building as a link between members of... More
This application was filed on 3 May 2021 following a ruling by the first respondent dismissing an application for separation of trials. The first respondent was presiding at the applicant’s trial on two corruption charges namely criminal abuse of duty as a public officer, a crime defined in s 174(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and corruptly concealing a transaction from her principal as defined in s 172 of the Criminal Law (Codification and Reform) Act. More
The applicant is the former Minister of Public Service, Labour and Social Welfare. The first respondent is the magistrate presiding at the trial of the applicant. The trial is at the instance of the public, represented by the Prosecutor General, hence the involvement of the second respondent. The applicant and the former Acting General Manager of the National Social Security Authority (“NSSA”) were jointly charged with the crime of criminal abuse of duty as public officers as defined in s 174(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Criminal Law Code”). More
DUBE-BANDA J: This matter came to this court as a bail application pending appeal. The applicants were convicted of contravening section 368 (2) as read with section 368 (4) of the Mines and Minerals Act [Chapter 21:05], i.e. prospecting for gold without a licence or permit by the Magistrate at Kwekwe Court on 12 June 2020.The allegations were that on the 2nd March 2020, at a bushy area near Gokwe Road, Kwekwe, the applicants were found prospecting for gold. The applicants were not holders of a prospecting licence authorising them to prospect for gold. The applicants pleaded not guilty to... More
