Court Judgements
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On 12 July 2018, the appellant appeared before a magistrate sitting at Mutare facing two counts of contravening sections of the Road Traffic Act. Count 1 was for contravening s 6 (1) as read with s 6 (5) of the Road Traffic Act [Chapter 13:11] for having no driver’s licence. The state alleges that on 10 July 2018 and along Chimanimani Road, Mutare, appellant unlawfully drove a motor vehicle Nissan Vannet registration number AEP 7947 without a valid driver’s licence issued in his name in respect of any class of motor vehicle. The second count was for contravening s 53... More
This is a court application brought in terms of s 167(2)(d) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”). The section provides that only the Constitutional Court (“the Court”) may determine whether Parliament or the President has failed to fulfil a constitutional obligation. More
This is a chamber application for an order for leave for direct access to the Constitutional Court (“the Court”) in terms of s 167(5) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”), as read with r 21(2) of the Constitutional Court Rules S.I. 61/2016 (“the Rules”). More
The applicant was arraigned before a magistrate sitting at Gweru on the 14th June 2018 facing a charge of contravening section 114 (2) of the Criminal Law (Codification & Reform) Act (Chapter 9:23), stock theft. The allegations being that on 8 October 2017 he stole two cows belonging to the complainant, one Nokuthaba Ndlovu. The applicant pleaded guilty to the offence and was duly convicted and sentenced to 9 years imprisonment after the court made a finding that there were no special circumstances warranting the imposition of a sentence less than the mandatory sentence as prescribed by law. The applicant... More
This is an urgent chamber application in which the applicants seek an order couched thus;
“TERMS OF THE FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. That no mining activities, milling and carrying of ores should be carried out at RA MID002 in the mining district of Midlands measuring 45 hectares until the resolution of the mining dispute by the 2nd respondent or an order by a court of competent jurisdiction.
2. Respondents to pay costs of suit on an attorney client scale if... More
This is the 3rd bail application the applicant has filed. He was unsuccessful in the first two and has decided to try his luck one more time. The application is made on the basis that there has been “a change in the circumstances” since the dismissal of the last application. More
The appellant was charged and convicted of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and was sentenced to 20 months imprisonment of which 4 months imprisonment was suspended for 5 years on condition accused does not during that period commit any offence involving dishonesty of which he is sentenced to imprisonment without the option of a fine. Of the remaining 16 months imprisonment, 8 months imprisonment was suspended on condition of restitution. More
