Supreme Court of Zimbabwe - 2002 June

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4 judgments

Citation	Judgment date
June 2002
S v Masuku (Crim Appeal 159 of 2002; SC 59 of 2002) [2002] ZWSC 59 (24 June 2002) Appellate court upholds refusal of bail where trial court properly considered threats, document robbery and flight/interference risk. Criminal procedure – Bail – Appellate interference limited to misdirection or improper/unreasonable exercise of discretion; consideration of threats to prosecutor and robbery of state witness documents as relevant to bail; regard to additional dockets/future charges in assessing overall risk; refusal of bail where strong indications of absconding or witness interference.	24 June 2002
Sanangura v Messer Zimbabwe (Pvt) Ltd. and Others (Civil Appeal 170 of 2001; SC 48 of 2002) [2002] ZWSC 48 (18 June 2002) Applicant failed to disclose a claim or show a prima facie right to attach employer’s funds; costs awarded against applicant. Civil procedure – provisional attachment of assets – must disclose existence of underlying claim and amount sought – must show prima facie right – speculative allegations insufficient – allocation of wasted costs where appeal devoid of merit.	18 June 2002
Zimunhu v Gwati and Others (Civil Appeal 297 of 2000; SC 43 of 2002) [2002] ZWSC 43 (12 June 2002) Appeal to set aside sale in execution dismissed: valuation evidence inadequate and equities did not justify overturning a bona fide auction. Civil procedure – sale in execution – setting aside on grounds of unreasonably low price and on equitable grounds – adequacy of valuation evidence (timeliness, sworn status, valuation range) – weight of bona fide public auction and deputy sheriff’s certification – courts’ reluctance to interfere with executions.	12 June 2002
S v Musasa (Crim. Application 131 of 2002; SC 45 of 2002) [2002] ZWSC 45 (6 June 2002) Refusal of bail pending appeal upheld where weak prospects of success and real risk of absconding existed. Criminal procedure – Bail pending appeal after conviction – Balance between prospects of success and risk of absconding – Appellate interference only for irregularity, misdirection or improper exercise of discretion – Sexual offences – child complainant reliability and medical evidence of penetration.	6 June 2002