Court Judgements
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They were each sentenced to a fine of $2 000 000.00 or in default of payment 2 months imprisonment and the one hundred rands were forfeited to the State.
The penalty section requires that before making a forfeiture order the magistrate must make an enquiry into the existence or otherwise of special circumstances. If special circumstances are found then the trial magistrate may not order forfeiture. For instance if the money belongs to an innocent third party such foreign currency may not be forfeited. In this case the trial magistrate ordered forfeiture without first canvassing the existence or otherwise of... More
On 21 March 2005, at the Parkade flea market situated at the corner of Rezende Street and Jason Moyo Avenue, Harare, the two accused persons exchanged 900 South African Rand for $2 360 000.00 Zimbabwe dollars in contravention of section 4(1)(a)(i) of the Exchange Control Regulations, SI 109/96 as read with section 5(1)(a)(ii) of the Exchange Control Act, [Chapter 22:05]. They were both arrested and arraigned before a magistrate at Harare on 23 March 2005. More
The accused was convicted on his own his plea of guilty of theft of two bulls. He stole the beasts on the 21st September 2004. He was sentenced to 36 months imprisonment of which 12 months imprisonment were suspended on appropriate conditions.
Section 12 of the Stock Theft Amendment Act 6 of 2004 which became law on the 27th August 2004 introduced a minimum mandatory sentence of 9 years imprisonment but not exceeding 25 years imprisonment. The section reads:
“12(1) Any person who is convicted of the theft of or attempted theft of any equine or bovine animal or receiving... More
The complainant is an orphan whose mother had passed away and she remained in the accused’s custody together with 7 other children. The children are currently under the care and custody of the accused’s in-laws.
She had previously been gang raped by 3 men on her way to school. As a result she was no longer attending school preferring to study at home, perhaps for fear of being raped. Whilst she was so studying at home the accused developed a lustful sexual appetite for his daughter. He would therefore, from time to time call her into his room where he... More
Admittedly judicial work is a painstaking laborious job. When one however accepts judicial office he assumes grave responsibilities. He wields enormous frightening power which must be used honourably, conscientiously and above all responsibly. A judicial officer must apply himself to his work with assiduous care and diligence. This is for the simple but good reason that the enormous power which he wields can have catastrophic effects if not used properly.
Regrettably this case demonstrates how not to conduct judicial proceedings. A perusal of the record of proceedings shows that the hearing was conducted in the most perfunctory run of the... More
Manase and Manase legal practitioners were engaged by Winston Hazvineyi Chigiji "Winston" who instructed them, by power of Attorney, to sell his property known as Stand 1119 Seke Township. On 25 June 2004 the legal practitioners entered into an agreement of sale of the said property with the 2nd respondent. The purchase price was an amount of $65 million which the 2nd respondent paid in full as stipulated in the agreement. More
The facts in this case are to a large extent common cause. The undisputed facts are that both respondents are employees of Century Discount House Limited, a company duly incorporated in terms of the laws of Zimbabwe. In that capacity they were authorised signatories for and on behalf of Century Discount House Limited. More
