1.This is an application for an order for civil forfeiture of property made in terms of ss 79 and 80 of the Money Laundering and Proceeds of Crime Act [Chapter 9:24] (“ the Money Laundering Act”).
2.The property in question consists of two immovables and three motor vehicles. More
This is an application for a civil forfeiture order brought in terms of s 79 as read with s 80 of the Money Laundering and Proceeds of Crime Act [Chapter 9:24] (“the MLPCA”).
The applicant’s contention is that respondent’s five motor vehicles are tainted property and should be forfeited to the state. More
This judgment deals with a point of law that I raised when the matter was referred to me for trial.
[2] With the consent of both counsel I issued a structured order setting out timeframes within which the parties were to file heads of argument dealing with that preliminary point. The matter was then adjourned to 12 November 2024 for argument.
[3] On 5 January 2024 the plaintiff issued summons together with a declaration against the defendants. In relevant part, the summons reads as follows:
“To the Defendants named above;
The following property to be declared tainted and therefore liable... More
On 10 October 2019 at the 38km peg along Selborne- Aberforle Road, Amos Chitungo had a side swipe collision with a Mazda B2 500 being driven by one Peter Maneswa, accused and complainant respectively. The side swipe resulted in Peter Maneswa losing his arm.
The state outline went on to state that on the aforesaid date at around 2000 hours accused was driving an Isuzu Truck, number ACU 1017 along Selborne – Aberforle Road due East. Upon approaching the 38km peg, the accused saw an oncoming Mazda B2500 vehicle registration number ABY 0284 being driven by Peter Maneswa. On passing... More
The first to third respondents are accused persons appearing before the Magistrate who is cited as the fourth respondent.
The background to the application is as follows:-
The first to third respondents appeared before a Magistrate sitting at Masvingo charged with six counts of fraud as defined in s 136 of the Criminal Law (Codification and Reform Act) [Chapter 9:23].
The state outline can be summarized as below:
The complainant is Bikita Minerals (Pvt) Ltd. On 29 May 2018 Gift Gwande an export manager at Bikita Minerals sent a product dispatch schedule (PDS) to Tribal Logistics requesting six trucks to... More
This is an application for leave to appeal to the Supreme Court in terms of s 44(6) of the High Court Act [Chapter 7:06]. In particular, the applicant seeks leave to appeal against the decision of the High Court handed down on 20 March 2019 in Case No. 11141/18 (as Judgment No. HH 229-19). The effect of that judgment was to quash the criminal charges against the respondents in Case No. CRB P 9114-5/18 and consequently to order their acquittal on those charges. More
This is an application for an order for civil forfeiture of property brought in terms of s 79 as read with s 80 of the Money Laundering and Proceeds of Crime Act [Chapter 9:24] (“the MLPCA”).
The property in question includes ten motor vehicles, four immovable properties and shareholding in two companies. The property allegedly belongs to the first, second and third respondents. More
This is an application by the Prosecutor-General for leave to appeal against the judgment of the Magistrates Court at Chiredzi in terms of which the first, second and third respondents were acquitted on a charge of assault as defined in s 89(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The application is opposed by the three respondents. The fourth respondent cited in the application is the learned Magistrate who presided over the criminal trial. More
This is a chamber application for the upliftment of bar. The application is opposed by the 1st respondent. The applicant seeks an order in the following terms:
“IT IS ORDERED THAT :
a) The automatic bar operating against the applicant in case number HCHC 42/24 be and is hereby uplifted’
b) The appearance to defend, special plea and exception in case number HCHC 41/24 filed on behalf of the applicant be and is hereby deemed to have been properly filed by the applicant from the date of this order.
c) Costs shall be in the cause.” More
This is an appeal in respect of both the conviction and sentence.
The appellant was convicted after a protracted trial by the Magistrate sitting at Chivi on 1 July, 2019 and he was represented by Mr Chivasa. More
This is an application for a Declaratur in which the Applicant is seeking the following relief.
“IT IS DECLARED AND ORDERED THAT:
1 The Applicant, PROSPER MACHEKERA is the sole and legitimate holder of rights, title, and interest in the mining claims which constitute RADNOR 58 Mine registered under certificate of registration 29825BM with the coordinates
A 36K0461998/8087373
C 36K0462002/8086865
E 36K0461504/8086870
G 36K0461500/8087371 More
The applicant is seeking an interdict against the first respondent pending an application for spoliation order mounted before the High Court under Case Number HC 3437/22. The application for a spoliation order under Case No. HC 3437/22 was set to be heard on 29 July 2022 before WAMAMBOJ, to which it was postponed to 7th day of September 2022 after counsel for the first respondent had called in sick and that he was unable to attend to the hearing. The facts in the present application are materially the same with those in the founding affidavit of the application for a... More
This is an appeal against an arbitral award issued by Honourable K Segula on 1 August 2013. The arbitral award upheld the decision of the respondent’s Disciplinary Committee which found the appellant guilty of misconduct and imposed a penalty of dismissal. More
DUBE-BANDA J: This is an application for bail pending trial. Applicant is charged with the counts, count one: robbery as defined in section 126 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. It being alleged that on the 7thMarch 2021, at around 2020 hours, applicant in the company of four others who are still at large, proceeded to the complainant’s residence armed with pistols. Thereat disarmed a security guard and assaulted him. Threatened with pistols the people at the residence, assaulted one with a pistol butt on the back of the head. Assaulted some with a baton stick.... More
The Biblical saying which reads “Render to Caesar what belongs to Caesar and to God what belongs to God” aptly captures the circumstances of the parties to this application. The applicant, a legal entity which is into the manufacturing and distribution of performance mining chemicals, mining plant and equipment in the African mining market is owed an accumulated Value Added Tax (“VAT”) refund of ZWL 502 289.23 by the respondent which is the tax collector for Government. It, in turn, owes the respondent a total VAT liability of USD 49157.62. The accumulated tax refund and the tax liability are respectively... More
