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Citation
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Judgment date
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| April 2016 |
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On review, convictions were confirmed but sentence set aside for misdirection; counts were treated as one and sentence substituted.
Criminal law — Unlawful entry and theft — Sentencing — Treatment of multiple offences as one for sentence — Review for misdirection as to facts (position of trust; breaking locks) — Substitution of sentence on review — Restitution and suspended terms.
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28 April 2016 |
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Rape conviction set aside where evidence left reasonable possibility of consensual statutory intercourse; conviction substituted and non-custodial sentence imposed.
Criminal law — Rape v statutory sexual intercourse with a minor — credibility and consent — standard of proof beyond reasonable doubt — review of conviction as unsafe — sentencing trends favouring non-custodial penalties for statutory sexual intercourse with minors.
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28 April 2016 |
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Accused convicted of murder with constructive intent; self‑defence and provocation rejected; sentenced to 17 years.
Criminal law – murder (constructive intent) – single witness evidence – self‑defence and provocation rejected – voluntary intoxication not negating mens rea – 17 years imprisonment.
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26 April 2016 |
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Filing a High Court review does not automatically interdict a lawfully convened suitability board; criminal acquittal does not bar disciplinary proceedings.
Police disciplinary law – Suitability board under s50 Police Act – Convening lawfully within Commissioner General’s discretion – Suitability board makes recommendations; Commissioner General retains decision-making power. Civil/disciplinary proceedings – Criminal acquittal does not bar disciplinary action. Interdictory relief – Applicant must prove prima facie right, imminent injury, lack of ordinary remedy, and balance of convenience. Exhaustion of remedies – Appeal to Police Service Commission (s51) required; High Court is not an automatic appellate forum for Commissioner General decisions.
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21 April 2016 |
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Court dismissed preliminary objections to affidavit form and non-joinder, ordering the class-action application to proceed to hearing.
Refusal of points in limine — Validity of affidavit with thumbprint where deponent illiterate — Commissioner of oaths' duties under Zimbabwe law — Non-joinder/misjoinder not fatal (Order 13 Rule 87) — Leave to institute class action (s 85(1)(c) Constitution; Class Actions Act).
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21 April 2016 |
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A magistrate’s order to release goods seized under s193 was void for lack of jurisdiction and breach of audi alteram partem.
Customs and Excise Act s193 proviso — jurisdiction to order return of seized goods — Criminal Procedure and Evidence Act ss59, 61 inapplicable where no concluded criminal proceedings — audi alteram partem — nullity of orders made without jurisdiction.
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21 April 2016 |
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An incorrect restitution amount rendered the sentence incompetent and required substitution to reflect the full stolen value.
Criminal law — assault and robbery — automatic review — incompetent sentence due to incorrect restitution amount — sentence set aside and substituted; suspended terms and restitution ordered.
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20 April 2016 |
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Application to release an attached vehicle refused; execution remains effective and applicant liable for substantial costs.
Execution of judgment – Attachment of goods – Release of attached property pending execution – Interpleader proceedings – Rescission applications do not suspend execution absent stay – Rule 336 and security – Costs on attorney-and-client scale.
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15 April 2016 |
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Appeal against interlocutory directions did not suspend eviction; lawful execution is not spoliation; application dismissed with punitive costs.
Mandament van spolie – eviction – execution of court order – appeal against interlocutory directions does not suspend eviction order – spoliation not established where dispossession lawfully effected by valid court order – abuse of process and punitive costs.
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14 April 2016 |
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Provisional caveat and interdiction granted to preserve a judgment creditor's claim pending estate-registration proceedings.
Urgent Chamber Application — Rule 244 urgency — preservation of judgment debt — caveat and interim interdiction against alienation — estate administration and registration — service and refusal of postponement.
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14 April 2016 |
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Application for transfer refused where agreement and power of attorney found forged; applicant not protected as innocent third party.
Property law – transfer of land – allegation of forged agreement of sale and power of attorney – specific performance refused where contract illegal or fraudulently procured – Turquand/indoor management rule inapplicable to mala fide actor – punitive costs awarded.
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14 April 2016 |
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High Court granted provisional stay of execution of an erroneous maintenance arrears certificate and ordered continued payment of $280 monthly pending appeal.
Maintenance law – computation of arrears – variation of maintenance order – effect of variation on arrear calculations; Provisional relief – stay of execution pending appeal – prima facie case; Civil procedure – Order 32 Rule 244 – grant of provisional order without hearing parties where clear error conceded by lower court.
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8 April 2016 |