Masvingo High Court - 2020 January

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2 judgments

Citation	Judgment date
January 2020
Ex Constable Masunda & Ors v Commissioner General of Police & 2 Ors (HC 382 of 2017; HMA 2 of 2020) [2020] ZWMSVHC 2 (29 January 2020) Applicants failed to follow statutory procedures for reasons, many claims were time-barred, and all applications were dismissed with costs. Administrative law – right to reasons – Administrative Justice Act gives effect to constitutional right to prompt written reasons – requirement to follow statutory procedures; Natural justice – audi alteram partem – representations before board of inquiry sufficient; Civil procedure – substance over form – declaratory orders vs review – r 259 time bar; Police law – reinstatement pending appeal – mandatory interdict requirements; Constitutional challenge – validity of Administrative Justice Act rejected.	29 January 2020
S v Mbiti (CRB 3 of 2020; HMA 1 of 2020) [2020] ZWMSVHC 1 (23 January 2020) Accidental culpable homicide while intoxicated; intoxication not mitigating; effective sentence 1½ years imprisonment. Criminal law – Culpable homicide (s49) – Accidental fatality caused by intoxicated conduct; Voluntary intoxication not mitigating (s221(2)); Sentencing factors — mitigation (guilty plea, cooperation, first offender, family dependence) and aggravation (violent intoxicated conduct) – Custodial sentence with partially suspended term.	23 January 2020