The background facts to this urgent chamber application are as follows:
The three respondents were elected members of the National Assembly in the 2008 general elections. They were elected under the ticket of their party the MDC and were dully sworn in as members of Parliament for Nkayi South, Lupane East and Bulilima East constituencies respectively. They were subsequently expelled from the party and their membership of parliament terminated at the behest of the party. More
The applicants seek leave to appeal against the judgment of this court granted under case HH 273-12 (HC 8542/10). In that case the applicants raised a point in limine in which they sought to rely on the provisions of r18 of the Rules of Court to preclude the respondent (then applicant) from pursuing an application against the first applicant on the ground that prior leave of this court had not been obtained. I dismissed that preliminary issue and granted leave for the applicants to file their opposing papers so that the matter could be determined on the merits. More
The accused person is 20 years old. He pleaded guilty to two counts of having sexual intercourse with his 15 year old girlfriend in contravention of s 70(1)(a) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The trial magistrate treated both counts as one for sentence and sentenced him to 12 months imprisonment 2 of which were suspended for 5 years on condition of good behaviour. More
The appellant was charged with rape as defined in s.65 of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. He pleaded not guilty but was convicted after a trial. He was sentenced to 20 years imprisonment of which 6 years was suspended for 5 years on condition of future good conduct. More
The record of proceedings in this case is redolent of irregularities. These are they:
1. The accused was arraigned before a provincial magistrate (G.Gogo) sitting at Bikita facing a charge of contravening s 114 of the Criminal Law (Codification and Reform) Act, [Cap 9:23] on 27 September 2011, it being alleged that he had stolen two head of cattle. More
Unsubstantiated rumour mongering had terrible fatal consequences in this case. The accused is alleged to have spread rumours to the effect that the deceased and two others Ranganai Sola and Simon Gideon had stolen a beast from one Revai Sylvester Mushayandebvu. More
The accused was charged with contravening s 47 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He tendered a plea of not guilty.
The facts are that the deceased was the accused’s daughter and she was aged seven years. Between 21 and 23 September 2011 the accused assaulted the deceased with a bamboo stick. The deceased sustained injuries which the accused treated using some herbs. The deceased succumbed to the injuries on 28 September 2011. The post-mortem report noted that the deceased had cuts, grazes and bruises all over the body, with internal bleeding. The cause of death... More
