This application for review of a magistrate’s maintenance variation decision on the grounds of bias, was placed before me on the unopposed roll for family matters. Suffice it to state that the failure to respond to the application for review by the judicial officer, who was cited as the second respondent herein, was of no consequence. In the case of Chiremba v Chiroodza and Another 2018(1) ZLR 315 (H), it was stated that a judicial officer cannot be compelled to defend his decision in an application for review. If, as held therein, he or she has not filed any affidavit... More
This is an appeal from the Regional Magistrate’s court. It is against both conviction and sentence. The appellant was charged with 2 counts of rape as defined in 65(1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23) (“the Code”). He was also charged with 1 count of attempted rape as defined in s 189, as read with s 65 of the Code. He pleaded not guilty. But after a full trial, the Regional Court convicted him on all counts. Treating all the counts as one for the purposes of sentence, the appellant was sentenced to 10 years imprisonment,... More
The appellant (hereinafter referred to as Chidemo) was charged with nine counts of contravening s 136 of the Criminal Law Codification and Reform Act [Chapter 9:23]. He was convicted on 12 December 2017, after contest,of two counts and acquitted of the remaining seven counts. He was sentenced to 6 years imprisonment of which 1 year was suspended on condition of future good behaviour. A further 2 years were suspended on condition he restituted the Zimbabwe Revenue Authority (ZIMRA) in the sum of USD450 538.61.On 29 December 2017 he noted an appeal against conviction under case number CA 820/2017. On 28... More
This is an application for reinstatement of an application for condonation of late filing of heads of argument. It is opposed.
Background
On 14 October 2010 this same application was placed before the court. The parties to the matter are Tariro Takawira v (1) NEC for Schools Development Association and Committees’ Appeals Committee. 2. SDA Dudley Hall Primary School. More
Law is a discipline which has many branches and sub-branches. A party who is suing another must make every effort to make a conscious decision on the branch or sub-branch of the law under which his suit must fall. Where he sues under an incorrect or inapplicable branch or sub-branch of the law and his attention is drawn to the wrong law which he has applied in the suit, he is better advised to re-consider his case than otherwise and, if what has been drawn to his attention has merit, he should withdraw the suit and re-file it under the... More
At the hearing of this matter I dismissed all the points in limine that the first respondent raised. After hearing the matter on the merits I dismissed the applicants’ application. I have now been asked for the written reasons thereof and these are they. I will start with the points in limine. More
This is an application for bail pending trial. After the matter was argued I handed down an ex tempore judgment and dismissed the application.
The parties have not requested for written reasons but I decided to avail them nonetheless.
The applicant is 20 years old. He was staying with his father at the relevant time. The deceased was also residing at the same residence as a ‘caretaker’, looking after her cousin’s house. The applicant’s father was a gardener at that house.
On 11th June 2020 the applicant was arrested in Harare on allegations that he had murdered the deceased. It... More
