The dispute in this case has to do with the estate of the late Margaret Kudyakwenzara who allegedly diedtestate at Harare on 14 June 2005 leaving a certain piece of immovable property known as Stand 1574 Kambuzuma Township measuring 293 square metres. Various persons havesince laid claim to the Stand posturing as the deceased’s closest relatives. More
The two matters HC 6353/21 and 6649/21 were consolidated with the consent of the parties. I invited the parties to file supplementary heads of argument addressing the opposition under HC 6649/21. More
Change is a complex topic. It baffled even Aristotle and his predecessors. For instance Plato argued that real things do not change. He confined change to the realm of appearances; that is the physical world. Parmenides rejected the concept altogether and argued that change did not exist. Although those early scholars were dealing with the metaphysical, in the modern world of administration of justice, change also remains a frightening proposal. Judicial officers are naturally comfortable with the old, tried and tested systems. They do not want to create new problems. It is one of the reasons why precedent is regarded... More
The accused persons in the two separate matters, (which I will refer to as S v Shonhiwa and S v Docklands respectively) were each convicted of theft of trust property as defined in s 113 (2) of the Criminal Law (Codification and Reform) Act [ Chapter 9:13] (the “Code”). The proceedings in S v Shonhiwa were referred to a regional magistrate for scrutiny in terms of s 58 of the Magistrates Court Act [ Chapter 7 :10]. The learned regional magistrate correctly queried the propriety of the conviction and in turn sought the High Court`s intervention. More
This review judgement has been necessitated by the apparent conflation of the provisions of the Criminal Procedure and Evidence Act [Chapter 9:07] and the Children’s Act [Chapter 5:06] exhibited by the learned trial magistrate in sentencing a juvenile offender. More
In case No. EC 05/23 the appellant is CCC. The first respondent is ZEC; the second respondent is Busani Sithole; the third respondent is Mandlenkosi Tshuma; the fourth respondent is Cephas Ncube; the fifth respondent is Lovemore Banda; the sixth respondent is Sambulo Maphosa; and the seventh respondent is One Ncube. The second to the seventh respondents have been declared duly nominated candidates for various wards representing CCC in the Nkayi RDC in the forthcoming 23 general elections. The appeals are against the decisions of the Nomination Courts declaring the respondents duly nominated candidates for various constituencies and wards representing... More
This judgment relates to the appeals filed by the four appellants against the decision of the Nomination Court to reject their nomination for the Vungu National Assembly Constituency, the Gokwe Central National Assembly Constituency, the Gokwe Chireya National Assembly Constituency and Gweru Urban National Assembly Constituency, respectively. All the appeals raised the same issues and so were consolidated with the consent of the parties. More
