CRIMINAL LAW STATUTORY OFFENCES (Other than offences under Criminal Law Code)

S v Tongi (HMT 54-19, CA 15/19) [2019] ZWMTHC 54 (25 July 2019);

CHIVHARANGE PADDINGTON TONGI

versus

THE STATE

 

                                                                                                                       

HIGH COURT OF ZIMBABWE

MWAYERA and MUZENDA JJ

MUTARE, 19 June and 25 July 2019

 

 

Criminal Appeal

 

 

 

TT Sigauke, for the Appellant

J Chingwinyiso, for the Respondent

 

 

S v Chifumuro (HMA-58-18, CRB MSVP 549/18) [2018] ZWMSVHC 58 (13 December 2018);

 

 

 

THE STATE

Versus

ERNEST CHIFUMURO

 

HIGH COURT OF ZIMBABWE

MAWADZE J

MASVINGO, 13 DECEMBER, 2018

 

 

Criminal Review

                                                                                                           

 

S v Kamone (HH 216-18, B 1559/17) [2018] ZWHHC 216 (13 December 2017);

EVERISTO KAMONE

versus

THE STATE

 

 

 

HIGH COURT OF ZIMBABWE

MUREMBA J

HARARE, 13 December 2017

 

 

 

Bail Application

 

 

 

Applicant in person

Mrs S. Fero, for the respondent

 

 

            MUREMBA J: On 13 December 2017, I heard the applicant’s application for bail pending appeal and dismissed it in an ex tempore judgment. I have now been asked for the written reasons thereof and these are they.

S v Katiro (HH229-18, B 409/18 Ref Case No. P7772/16) [2018] ZWHHC 229 (25 April 2018);

WARREN HAZVIENZANI KATIRO

versus

THE STATE

 

 

HIGH COURT OF ZIMBABWE

CHITAPI J

HARARE, 28 March and 25 April, 2018

 

 

Bail application

 

 

L Dube, for the applicant

T Mapfuwa, for the State

 

            CHITAPI J: I reserved judgment after argument by counsel in this application. I have considered the papers filed in support of the application and the State’s response as well as the further arguments by counsel.

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

 

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