Supreme Court of Zimbabwe - 2005 June

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3 judgments

Citation	Judgment date
June 2005
S v Nyambo (Crim. Appeal 337 of 2004; SC 24 of 2005) [2005] ZWSC 24 (22 June 2005) Delay in execution does not permit commutation where constitutional amendment bars delay-based relief; appeal and referral dismissed. Constitutional law – Amendment excluding delay in execution as constitutional contravention – Appeal delay – Death sentence – Whether delay entitles appellant to commutation – Procedural requirement to notify Attorney-General of prison-noted appeals.	22 June 2005
S v Mamvura (Criminal Appeal 127 of 2003; SC 22 of 2005) [2005] ZWSC 22 (19 June 2005) An appellate court will not disturb a 25-year murder sentence absent misdirection or a sentence inducing a sense of shock. Criminal law – Murder – Sentence – Appeal against sentence – Appellate restraint – interference only where sentence induces a sense of shock or where there is misdirection/irregularity – brutality of assault and actual intent to kill justify heavy sentence.	19 June 2005
Mazowe Mine v Mlauzi (Civil Application 132 of 2005; SC 18 of 2005) [2005] ZWSC 18 (6 June 2005) Leave to appeal out of time refused where delay unexplained and appeal raised no question of law under Labour Relations Act. Labour law – appeal – leave to appeal out of time – necessity of satisfactory explanation for delay – duty to follow up judgments – Labour Relations Act s91 and s92(2) – appeals from Labour Court to Supreme Court limited to questions of law	6 June 2005