The appellant is an unrepresented litigant who noted an appeal against the dismissal by the Magistrate’s court of his application to suspend pending appeal a sentence passed against him on 4 July 2023. The sentence inter alia required him to serve community service and pay restitution. Appellant noted an appeal against both conviction and sentence by the Magistrate’s court. Because he believed that the sentence should not be executed pending the determination of his appeal he applied for the suspension of the sentence pending appeal which application was dismissed. Dissatisfied with the dismissal of his application, appellant noted an appeal... More
Appellant appealed to this Court against his dismissal from employment by Respondent. The appeal is provided for in terms of section 92D of the Labour Act Chapter 28:01 hereafter called the Act. More
This is an appeal against the decision of the Regional Magistrate Court. It is against both conviction and sentence. The appellant was convicted, in a contested trial of three counts of rape, in terms of s65 of the Criminal Law and Codification Act Chapter 9:23. He was sentenced to an effective 15 years imprisonment term. More
I heard argument in this matter on 14 April 2021 and granted an ex tempore judgment. This full judgment contains reasons for my decision. It was an application for a declaratory order in terms of s 14 of the High Court Act [Chapter 7:06]. The relief which I granted is as follows:
1. The application for the declarater is granted.
2. The first respondent’s decision to rescind the applicant’s approval by the third respondent and a directive to the second respondent to effect the directive abovementioned be and is hereby set aside.
3. Consequently, the applicant’s approval and appointment to... More
Applicant married the respondent on the 23rd of April 1997 in terms of the Marriages Act (Chapter 5:11). On 29th September 2016, the applicant filed for divorce as the marriage had irretrievably broken down and there were no reasonable prospects of restoration of a normal marital relationship between the two. A decree of divorce and ancillary relief under case No. 2460/16. The order was granted in default. In terms of the divorce order the applicant was awarded the matrimonial immovable property being house No. 4053 Mkoba 10, Gweru as his sole and exclusive property. Respondent was awarded household furniture. Aggrieved,... More
1. This is a bail application pending review. The applicant was charged with the crime of contravening section 3 (1) as read with section 3 (3) of the Gold Trade Act [Chapter 21:03]. He pleaded guilty. The trial court found no special circumstances and he was sentenced to the minimum mandatory sentence of five years imprisonment. Aggrieved by the sentence the applicant filed this application for review. More
Cases of repeat violent offenders are a scourge that will always put bail law in this jurisdiction under heightened scrutiny. Those who wear their disdain of violent crime on their shirt sleeves have even gone to the extent of arguing that when the Constitution of Zimbabwe elevated bail to a constitutional right it made the bail system weak and exposed the public to the depredations of gangsters and kindred offenders. Some human rights defenders and those with contrary views however argue that the presumption of innocence entails that no matter how grave or gory an offence may be viewed by... More
