1. This is an appeal against sentence only.
2. The appellants separately appeared before the Magistrates Court sitting at Harare and were convicted pursuant to pleading guilty to one count each of reckless driving as defined in s 53(2) of the Road Traffic Act [Chapter 13:11] (the Act).3. Both were sentenced to 18 months imprisonment of which 8 months were suspended for 3 years on condition the appellants do not within that period commit any offence involving reckless or negligent driving for which they would be sentenced to imprisonment without the option of a fine. The effective custodial term in... More
The appellants were indicted before the court a quo on a charge of murder in contravention of s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. A reading of the indictment shows that the State was not specific as to which paragraph of s 47 it was seeking to prove. It was alleged that on 2 July 2010 and at Gletwin Farm Chishawasha Highlands Harare, the four appellants or one or more of them unlawfully and with the intention to kill, caused the death of Edson Manhembe by shooting him three times in the chest and stomach... More
As can be gleaned from the pleadings filed of record the Chieftainship dispute of the Mugabe clan in Masvingo province has been raging on for a long time since the death of the then substantive Chief Mugabe one Mude Mudavanhu in November 2009.
The 3rd respondent was appointed the Acting Chief Mugabe pending the appointment of the substantive Chief since the death of the substantive Chief Mugabe in November 2009. The 3rd respondent has been so acting until his appointment as the substantive Chief Mugabe on 23 January 2023 in terms of section 283 (1) (a) of the Constitution of... More
1. This is an application for bail pending appeal against both conviction and sentence.
2. On 29 September 2022 the applicant was convicted on a charge of criminal abuse of duty as a public officer as defined in s 174(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:28]. He was sentenced to 30 months imprisonment of which 6 months were suspended for 5 years on the usual conditions of good behaviour.
3. The Court found that during the period extending from November 2018 to September 2019 and at Chitungwiza Municipality the appellant, a Works Manager, acted contrary to... More
1. This is an appeal against both conviction and sentence.
2. It is pursuant to the appellant’s conviction on a charge of criminal abuse of duty as a public officer as defined in s 174(1) of the (Criminal Law (Codification and Reform ) Act [Chapter 9:28] and the sentence of thirty months imprisonment of which six months were suspended on the condition of good behaviour.
3. The trial court found that the appellant, an Acting Works Manager in the employ of Chitungwiza Municipality, acted contrary to or inconsistent with his duty by unlawfully approving a site plan in favour of... More
