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
The facts to the appeal were fairly straightforward. The appellant had filed an application for custody in the Magistrate’s Court, of his minor child born on 22 October 2020. The mother of the child was the respondent’s daughter, the now late Rutendo Natalie Eugenia Chanakira to whom the appellant was married to in an unregistered customary law union. She had been staying together with the appellant up until sometime in February 2022 when left the matrimonial home in light of domestic disenchantments. She had died some two weeks later. When she left the matrimonial home together with the child she... More
1. The applicant was convicted by the Magistrates Court pursuant to a fully contested trial on a charge of rape as defined in s 65 of the Criminal Law Code. More
Pursuant to the President’s proclamation of the election, the first applicant claims to have registered her desire to be considered for the provincial and metropolitan council under the proportional representation list of her party. In her founding affidavit she narrated that on 20 June 2023, late in the afternoon, she got wind of the fact that the respondents had caused the issuance of SI 114/2023 and SI 115/2023. She states that as a result of these pieces of legislation the nomination landscape in the preface of the upcoming harmonized elections changed significantly in a manner that adversely affected her rights... More
The present dispute is an off-shoot of the main matter between the parties and comes as a result of the judgement I delivered in Eric Murowa v Mabaya & Sons Transport & General Contractors CC & Another HMA 61-22. The following background facts suffice by way of recap. The plaintiff instituted a claim for the recovery of the sum of ZAR 1 830 272 in delictual damages arising from injuries he sustained in a motor vehicle collision. More