DUBE-BANDA J: This matter came to this court as a bail application pending appeal. The applicants were convicted of contravening section 368 (2) as read with section 368 (4) of the Mines and Minerals Act [Chapter 21:05], i.e. prospecting for gold without a licence or permit by the Magistrate at Kwekwe Court on 12 June 2020.The allegations were that on the 2nd March 2020, at a bushy area near Gokwe Road, Kwekwe, the applicants were found prospecting for gold. The applicants were not holders of a prospecting licence authorising them to prospect for gold. The applicants pleaded not guilty to... More
This is an application for confirmation of a ruling made by the Applicant. The application is made pursuant to the provisions of Section 93(5a) and (5b) of the Labour Act [Cap 28:01] as amended. More
Applicant applied to this Court for condonation of late filing of an appeal. Respondent opposed the application. The intended appeal is against the judgement of the Court referenced LC/H/171/19. The judgment is dated the 14 June 2019. This application was filed on the 22nd January 2020. Thus the extent of the delay in filing the appeal is almost 6 (six) months. I consider that to be an inordinate delay. The Applicant’s attorney stated that the delay is not inordinate. Applicant was requiredto seek leave to appeal within 21 days, but didso 5-6 months later. I consider it is disingenuous to... More
This is a chamber application for reinstatement of an application for leave to appeal and condonation for late filing of documents. When the applicant filed his chamber application for leave to appeal he had over looked the need to file the charge sheet, the state outline More
This is an appeal against the whole judgment of the High Court handed down on 20 March 2019, quashing the charges that the first and second respondents were facing in an ongoing criminal More
The general principle is that an applicant facing criminal charges is entitled to bail pending trial unless there are compelling reasons to deny him bail. Applicant is facing a charge of robbery in contravention of section 126 (1) (a) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). The applicant denies the charges and contends that he is a proper candidate for bail. The state opposes this application More
This is an application for condonation for late filing of an application for leave to appeal and for extension of time within which to file an application for leave to appeal to the Supreme Court. The application is opposed.
PARTIES SUBMISSIONS
The Applicant through his written and oral submissions submits that he has strong reasons for his application to succeed. He submits that the delay is not inordinate it is only a day’s delay. His explanation for the delay is that he could not have filed the application for leave to appeal on time because he had travelled out of... More
