This is an appeal against sentence only against the decision of a Magistrate sitting at Beitbridge on 21st July 2017. The appellant was convicted on his own plea of guilty for contravening section 40 (1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). On the 19th of July 2017 Detectives from the Zimbabwe Republic Police received information that the applicant was in possession of fake ZIMRA stamps. Upon arrival at the appellant’s house, a search was conducted, leading to the recovery of two ZIMRA Bill of Entry stamps, two ZIMRA Export release stamps, one ZIMRA Private Imports stamp,... More
This was an urgent chamber application. On 29 January 2019 I granted the provisional order sought, albeit with slight modifications. But on 14 March 2019 I rescinded that ordermero motu. In between I had come to realise that there had been a patent error. More
This was an opposed application. The original and main dispute was between the applicant and the third respondent. But in this particular application the applicant sought a remedy against the first and second respondents. I guess the third respondent was cited merely as a nominal respondent being so much of an interested party. More
At the hearing of the appeal the appellant withdrew the appeal in respect of conviction and indicated that the appeal was now in respect of the sentence only. Indeed, the appellant’s Damascean moment is well found as the evidence against the appellant is simply overwhelming. Our task in this matter is now to simply assess the appropriate sentence in the circumstances. Put differently the question is whether the court a quo imposed a proper sentence in this matter. More
This is an application for a declaratory wherein the applicant seeks an order in the following terms:
“IT BE AND IS HEREBY DECLARED ANS ORDERED THAT:
1. The applicant is the holder of 10 Gold Reef claims named Cottage 5, Registration number 44886 situate in Matabeleland North.
2. The applicant is the registered holder of 10 Gold claims named Cottage 6, Registration number 44887 situate in Matabeleland North.
3. The applicant is entitled to all rights and access to the said claims in terms of the Mines & Minerals Act (Chapter 21:05) for as long as it remains the registered... More
The appellant appeals against both his conviction and sentence.
In count 1 the appellant was convicted of contravening section 67(1)(a)(i) of the Criminal Law (Codification and Reform) Act [Cap 9:23] (the Criminal Code) which relates to indecent assault. He was sentenced to a fine of $150 or 3 months imprisonment wholly suspended for 5 years on the usual conditions of good behaviour. In count 2 the appellant was convicted of rape as defined in 65(1) of the Criminal Code [Cap 9:23] and sentenced to 16 years imprisonment of which 2 years imprisonment were suspended for 5 years again on the... More
The applicant is employed by the Air Force of Zimbabwe as a pilot and is based at Josiah Tungamirai Airbase at Gweru. He is aged 29 years. He is facing a charge of murder. He denies the allegation. The deceased, Lucy Duve was a legal practitioner during her lifetime. She was employed by a local Non- Governmental Organisation. She was aged 32 years at the time of her demise. The applicant has filed an application for bail pending his trial. The state is opposed to the granting of bail. The applicant first appeared at Gweru High Court Circuit on the... More
