Court Judgements
Harare High Court Judgements
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
Both matters were dealt with by the same provincial magistrate sitting at Kwekwe and the issues which exercised my mind are common to both cases.
The facts giving rise to the charges and convictions in both matters can be summarised as follows:
1. MORRISON NCUBE AND 3 ORS
All the four accused persons are juveniles attending school at Fatima High School and are in Form 4. Accused 1 is aged 17 years, accused 2, 16 years, accused 3, 17 years and accused 4, 16 years. They all pleaded guilty to the charge of contravening s 113 (1) of the Criminal... More
The above two applications were consolidated by consent of counsel on application by the prosecutor Mr Murevanhema. Mr Murevanhema submitted that the two applicants were co-accused in the matter in regard to which they have applied for bail pending trial. The prosecutor had summoned the Investigating Officer to give evidence on both applications in regard to the bail applications. It was thereof convenient for the investigating officer to give evidence in regard to both applications instead of giving evidence in each application separately. The consolidation was for purposes of hearing and judgment. More
The 29 accused persons are in custody on allegations of murdering a law enforcement officer in the course of duty as defined in s 47 of the Criminal Law (Codification and Reform) Act [Cap 9:23] alternatively public violence as defined in s 36 of the Act. They are alleged to have killed a police officer on duty in the course of politically motivated violence. Their trial is currently under way but they have all been remanded in custody by operation of law. More
This is an application for leave to appeal against my judgment of 19 June 2012 denying the 29 accused persons bail on account that they had failed to discharge the onus of proving on a balance of probabilities that they are entitled to bail in terms of s 117 (6) of the Criminal Procedure and Evidence Act [Cap. 9:23]. That section requires that an accused person alleged to have killed a law enforcement officer in the course of duty be detained in custody until he or she has been dealt with in accordance with the law unless the accused having... More
