The applicant who was charged with armed robbery applied for bail pending trial which the State did not oppose. In support of his application for bail the applicant attached Form 242 which reflected that police were opposed bail. Police in opposition to bail claimed that the applicant had confessed to having committed the offence and led the police to the scene of crime. More
The background to this appeal is that the appellant and his co-accused
Tapiwanashe Chiringa appeared before the Provincial Magistrate at Harare Magistrates Court on 27 February, 2021 on allegations of contravening contravened s 5 (3) (a) of the Public Health (Covid 19 Prevention, Containment and treatment) National Lockdown consolidation and Amendment Order of S. I 200/2020 as read with S. I 42/2021 (Partakes or convenes a gathering). The details of the charge were that on 25 February, 2021, the appellant in the company of accomplices still at large who included one Joana Mamombe and Cecilia Revai Chimbiri attended the magistrates... More
The applicant has approached this court seeking to be admitted to bail pending trial in terms of s 117A of the Criminal Procedure and Evidence Act [Chapter 09:07]. He is facing a charge of rape contrary to s 65(1) as read with s 64 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. In terms of s 50 (1) (d) of the Constitution of Zimbabwe, the applicant has a constitutional right to be admitted to bail. He should be denied bail if there are cogent reasons to show that his admission to bail will defeat the interests of... More
This matter was set down as an application for quantification of damages arising from an order of 16 October 2015 where the Labour Court ordered that the labour matter pitting the applicant and the respondent employer be heard de novo at arbitration after it was observed that the arbitral award had been a terse award divorced from the shop floor proceedings in the matter. More
This matter was set down as an application for quantification of damages due to the applicant employee following a labor dispute pitting him and the respondent employer. More
This is an appeal against the sentences imposed on the appellant on a conviction for rape by the regional Magistrates Court siting at Murewa on 29 April 2019. Appellant was granted condonation by the High Court for the late noting of an appeal against sentence only. His application for condonation of his late noting an appeal against conviction was dismissed. More
The applicants allege that they are owners and occupants of the stands identified above. They claim to have bought such stands from one Martin Sibindi and Pilo Kauma or from people who had bought from these two. Martin Sibindi is alleged to have been the owner of the remainder of Lot 12 Tynwald, Harare and he worked with Pilo Kauma in disposing of these. After purchasing the stands, the applicants claim to have taken occupation and developed the stands into the homes which they currently occupy. Martin Sibindi who was slow in effecting developments to the stands was allegedly sued... More
1. This is an appeal against both conviction and sentence.
2. The appellant was convicted on a charge of theft of trust property as defined in section 113 (2) (a) of the Criminal Law ( Codification and Reform ) Act [ Chapter 9:23]
3. He was sentenced to 7 years imprisonment of which 1 year was suspended for 5 years on the usual conditions of good behaviour. A further two years imprisonment was suspended on condition the appellant paid restitution, to leave the effective custodial term as 4 years.
4. It was common cause that the appellant, a cashier in... More
At the commencement of the hearing the applicant abandoned preliminary issues which he had raised. The respondent too raised a preliminary point. It was persisted with.
Preliminary point
[2] The preliminary issue was that the applicant approached the Court prematurely as he had not exhausted domestic remedies. The Court’s attention was drawn to a letter dated 28th June 2024 which the respondent wrote the applicant. The letter is titled “Re : NOTICE OF TERMINATION OF EMPLOYMENT”. More
This is an automatic appeal against both conviction and sentence. The appellant in this matter is a male adult who was convicted of murder with actual intent by the High Court sitting on circuit at Gweru on 17 September 2012. The charge related to the death of a minor child, Gamuchirai Mvumba who was merely three years old at the time of her demise. As a result, he was sentenced to death. At the hearing, the appeal was dismissed. The reasons for the order are set out hereunder. More
This is an appeal against conviction and sentence. The appellant was convicted of rape as defined in s 65(1) of the Criminal Law Codification and Reform Act [Chapter 9:23]. He was sentenced to 17 years imprisonment of which three years was suspended for five years on condition that during that period he does not commit an offence of a sexual nature for which he is sentenced to imprisonment without the option of a fine. More
This is a chamber application for condonation of late filing of a review application. It is opposed. The applicants were dismissed from the defence forces in 2014 in matters involving sexual abuse of junior cadet officers. The first applicant was acquitted by the court martial but subsequently dismissed by a Board of enquiry. The second applicant who was found guilty, was given a sentence other than dismissal before being dismissed by the suitability board. The first applicant would like to seek a review of his late application is condoned on the basis that following his acquittal by the Court Martial,... More
This is an appeal against both conviction and sentence. The appellant was convicted of robbery as defined in s 126(1)(a) as read with subsection (3)(a)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). He was sentenced to 11 years imprisonment of which 3 years imprisonment was suspended for 5 years on the usual conditions of good behavior, to leave the effective custodial sentence of 8 years imprisonment. More
The appellant was convicted of culpable homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. He was sentenced to five years imprisonment of which two years imprisonment was suspended on condition of future good behavior. His driver’s licence was cancelled. He appeals against both conviction and sentence. More
