application for review

The State & Another v Machaya & 7 Others (HH 442-19, HC 2189/19 Ref HC 1994/19 CRB GWP 28/18, 214-216/18, 219/18, 1358/18 & 1359/18) [2019] ZWHHC 442 (10 June 2019);

JAISON MAX KORERAI MACHAYA

and

CECILIA CHITIYO

and

SHEPHERD MARWEYI

and

MATILDA MANHAMBO

and

CHISAINYERWA CHIBURURU

and

ETHEL MLALAZI

and

HONESTY MAGAYA

and

RHORY ANDREW SHAWATU

versus

THE STATE

and

SIBONGILE MSIPA – MARONDEDZE REGIONAL

MAGISTRATE N.O

 

 

HIGH COURT OF ZIMBABWE

CHITAPI J

HARARE, 2 April, 2019 and 14 June 2019

 

 

Matengu v The Independant Tribunal & 5 Others (HB 146/17, HC 1065/17) [2017] ZWBHC 146 (08 June 2017);

REUBEN MATENGU

 

Versus

 

THE INDEPENDENT TRIBUNAL

 

And

 

HILDA MAKUSHA MOYO N.O.

 

And

 

MIDARD KHUMALO N.O.

 

And

 

LUCY MANHOKWE N.O.

 

And

 

THE MINISTER OF LOCAL GOVERNMENT,

PUBLIC WORKS & NATIONAL HOUSING N.O.

 

Magodo & 2 Others v Chief Superintended Kezius Karuru (HH 276-18, HC 9742/17) [2018] ZWHHC 276 (16 May 2018);

LIBERTY MAGODO

and

TINEVIMBO MUZEZEWA

and

RICHARD BUZUZI

versus

CHIEF SUPERINTENDENT KEZIAS KARURU

 

 

HIGH COURT OF ZIMBABWE

MUZENDA J

HARARE, 16 May 2018

 

 

 

Opposed Application for review

 

Ms K. Hutchings, for the applicants

Ms. N.L Mabasa, for the respondent

 

Shanje v Murehwa & 3 Others (HH 218-18, HC 9346/17) [2018] ZWHHC 218 (25 April 2018);

AARON SHANJE                                                                                                                   

versus

TICHARWA MUREHWA

and
THE MINISTER OF MINES AND MINING DEVELOPMENT N.O.

and

PROVINCIAL MINING DIRECTOR MANICALAND N.O.

and

KINGSTON MUDONHI

 

HIGH COURT OF ZIMBABWE

MWAYERA and MUZENDA JJ

HARARE, 27 March 2018 and 25 April 2018

 

 

Opposed application for dismissal for want of prosecution

 

L. Uriri, for applicant

S v Bvuto (HH 94-18, CA 156/16 Ref CRB MSH 32-40/16) [2018] ZWHHC 94 (03 August 2017);

The court considered an appeal against a prior criminal conviction. 

The appellants had extracted gold ore from a gold mine and were intercepted and arrested by the police. They were charged under s368(2) of the Mines and Minerals Act for illegally prospecting for minerals. They pleaded guilty, were convicted and sentenced to the mandatory two-year prison sentence. They appealed on the ground that they were convicted on a charge which was not supported by the facts admitted between them and the State.

The court had to consider whether the appellants’ plea of guilty was sufficient to convict them for contravening s368(2) of the Act. The court found that courts have a duty to protect the rights of the accused and to ensure that they fully understand the charge and the essential elements, as well as that they genuinely, and unequivocally admit to the charge, its essential elements, and the facts alleged by the prosecution. 

In this case, the lower court simply accepted the uninformed admission of guilt by the accused as proof and disregarded the fact that the charge was not proved by the facts relied upon by the State. 

Further, the court found that the appellants did not prospect for minerals, they simply stored gold ore from a known mine, thus contravening s379 not s368. 

Accordingly, the appeal was upheld. 

ARNOLD BVUTO                                                                                       

versus                                                                                                 

THE STATE

 

 

HIGH COURT OF ZIMBABWE

HUNGWE & MUSHORE JJ

HARARE, 3 August 2017

 

 

Criminal Appeal

 

J Makiseni, for the appellants

Mrs F Kachidza, for the respondent

 

Makwara & 2 Others v Chitura & 2 Others (HH122-18, HC 12096/16) [2018] ZWHHC 122 (07 March 2018);

WINNIE MAKWARA

and

BETHELEM MAKWARA

and

AZARIA MAKWARA

versus

GRACE CHITURA

And

OLIVER MASOMERA

(In his capacity as Executor of the Estate Zebediah

Mudimu Makwara)

and

MASTER OF THE HIGH COURT

 

 

 

HIGH COURT OF ZIMBABWE

MWAYERA J

HARARE, 5 October 2017 and 7 March 2018

 

 

Opposed Matter

 

 

D C Kufaruwenga, for the 1st – 3rd applicants

E. Ngwerewe, for the 1st respondent

Nyekile One Penny Half Penny (PVT) LIMITED (HB 1-18, HC 2097/16 X REF HC 2122/16) [2018] ZWBHC 1 (01 January 2018);

NYEKILE ONE PENNY HALF PENNY (PVT) LTD APPLICANT And PARIRENYATWA GROUP OF HOSPITALS 1ST RESPONDENT And SURDAX INVESTMENTS (PV) LTD 2ND RESPONDENT IN THE HIGH COURT OF ZIMBABWE TAKUVA J 28 JULY 2017 & 18 JANUARY 2018 Opposed Application Advocate L. Nkomo for the applicant Advocate H. Moyo for the 1st respondent No appearance for 2nd respondent TAKUVA J: This is an application for review of a decision made by the 1st respondent. The applicant is an unsuccessful bidder in a tender process that was flighted by the 1st respondent.

Sergeant Nhodza v The Trial Officer (Superintended Ndlovu) & Another () [2018] ZWBHC 85 (22 March 2018);

SERGEANT NHODZA R. 049759A

versus

THE TRIAL OFFICER (SUPERINTENDENT NDLOVU)

and

THE COMMISSIONER GENERAL OF POLICE

 

 

HIGH COURT OF ZIMBABWE

MOYO J

BULAWAYO 20 FEBRUARY 2018 AND 22 MARCH 2018

 

 

Opposed matter

 

R Ndou for the applicant

L Msika for the respondents

 

 

Maudy Kembo & Others v Ms. Mazhande N.O & Another (HH 162-18, HC2268/18) [2018] ZWHHC 162 (21 March 2018);

MAUDY KEMBO

and

ANNA MAVHANGIRA

and

NYARAI MASHINGAIDZE

and

MUNETSI HENRY TAFIRENYIKA

versus

MS MAZHANDE N.O.

and

THE STATE

HIGH COURT OF ZIMBABWE

ZHOU J

HARARE, 19 & 21 March 2018

URGENT CHAMBER APPLICATION

T. K. Hove for the applicants

E. Makoto for the second respondents

 

Chiremba v Chiroodza & Another (HH 163-18, HC 956/17) [2018] ZWHHC 163 (22 March 2018);

 

 

CRISPEN CHIREMBA

versus

SUPERINTENDANT CHIROODZA

and

COMMISSIONER GENERAL OF POLICE

 

 

 

HIGH COURT OF ZIMBABWE

MANGOTA J

HARARE, 23 November 2017 & 22 March 2018

 

 

Opposed Application

 

 

T Tabana, for the applicant

E Mukucha, for the 2nd & 3rd respondents

 

 

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