The chamber application was made ostensibly in “terms of rules 32(2) and 12 of the Constitutional Court Rules, 2016” (“the Rules”). The applicant sought an order for leave to appeal from the ruling of a magistrate denying him a referral to the Constitutional Court (“the Court”) of four questions for determination. Rule 32(2) of the Rules provides that “a litigant who is aggrieved by the decision of a subordinate court on a constitutional matter can apply to the Constitutional Court for leave to appeal against such decision”. More
On 14 April 2019, appellant Echebel Mudadirwa, was convicted for contravening s 113 (2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] for theft of trust property and was sentenced to 12 months imprisonment of which 2 months imprisonment was suspended on condition of future good behaviour, of the remaining 10 months imprisonment, 6 months imprisonment on the further condition of restitution, the balance of 4 months imprisonment was suspended on condition that the appellant completes 140 hours of community service. More
This is an appeal against part of the judgment of the High Court which decided against the appellant on several issues on which the parties had failed to reach agreement in an urgent chamber application. The part appealed against is fully set out at page 10 of this judgment. More
This is a chamber application for leave to appeal, condonation for late filing of the application for leave to appeal, and exemption from security for the respondents’ costs. More
The appellant is a frequent visitor to this court. In the past few years he has filed and defended various claims in this court and in the lower courts.
The appellant noted an appeal against the judgment of the Magistrates’ Court sitting at Bulawayo on 21st November 2017.
The factual background in this matter is this. Sometime in October 2014 appellant handed over his house at 18 Pingstone Road, Kumalo, Bulawayo, to 1st respondent for management. The parties entered into “management agreement” in terms of which 1st respondent agreed to secure a tenant to occupy appellant’s property and pay rentals... More
1. The applicant, following a full trial, was convicted of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
2. The judgment was rendered on 30 November 2017 by the Regional Court sitting at Harare.
3. On the same date, the applicant was sentenced to 16 years imprisonment of which 2 years imprisonment was suspended for 5 years on the usual conditions of good behavior.
4. On 15 August 2019 the applicant, under CON 231/19, filed an application for leave to appeal (against both conviction and sentence) out of time.
5. On 6... More
