Supreme Court of Zimbabwe - 2022 September

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3 judgments

Citation	Judgment date
September 2022
S v Masimike (104 of 2022) [2022] ZWSC 104 (30 September 2022) Appellant rebutted statutory presumption of intent; conviction for criminal abuse of office set aside due to lack of mens rea. Criminal abuse of office – mens rea (intention) – reverse onus under s 174(2) – burden to rebut presumption on balance of probabilities – actus reus must be proved beyond reasonable doubt; detention powers under s 201 Customs and Excise Act; material inconsistencies in State evidence undermining inference of malice.	30 September 2022
Makachi and 7 Others v Evangelical Church of Zimbabwe (103 of 2022) [2022] ZWSC 103 (29 September 2022) Where parties split a church, property rights depend on adherence to the constitution, not allegiance or numerical majority. Church disputes — Secession and schism — Adherence to church constitution and canons determines entitlement to property — Majority or allegiance to leader not determinative — Court bound by pleadings; cannot decide unpleaded causes.	29 September 2022
(1)Master of the High Court of Zimbabwe N.O. v Takaendesa and 5 Others (2) Mandima N.O. v Takaendesa and 5 Others, (3) House of Sari (Pvt) Ltd v Takaendesa and 5 Others (101 of 2022) [2022] ZWSC 101 (26 September 2022) Whether a Master must conduct an independent 'due inquiry' and, where appropriate, hear beneficiaries before consenting to private estate sales. Administration of estates – s 120 Administration of Estates Act – 'due inquiry' by Master before consenting to private treaty sale – scope of inquiry – duty to act lawfully, reasonably and fairly under Administrative Justice Act – right to be heard – costs and de bonis propriis.	26 September 2022