CRIMINAL PROCEDURE

S v Mapani (HH 263-18, CA 881-10) [2018] ZWHHC 263 (23 May 2018);

GIFT MAPANI

versus

THE STATE

 

 

 

HIGH COURT OF ZIMBABWE

HUNGWE & MUSHORE JJ

HARARE, 28 March 2018 & 23 May 2018

 

 

Criminal Appeal

 

 

MUSHORE J: This is an appeal matter in which we reserved judgment in order to consider whether the concession which was made by the State held merit.

Having read the record of evidence again together with my notes and the parties’ Heads of Argument, it is my belief that this is a straight contractual dispute

S v Mapfumo (HH 273-18, B573/18) [2018] ZWHHC 273 (30 May 2018);

ISSIAH MAPFUMO

versus

THE STATE

 

 

 

HIGH COURT OF ZIMBABW

PHIRI J

HARARE, 30 May 2018

 

 

Bail

 

 

M Chigwaza, for the applicant

E. Makoto, for the respondent

 

 

            PHIRI J: This is an application for bail pending appeal.

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

 

S v Chiriseri & Another (HH 281-18, B 1621/17) [2018] ZWHHC 281 (05 May 2018);

GRANNY CHIRISERI

and

FREEEMAN GADZAMOYO

versus

THE STATE

 

 

 

 

HIGH COURT OF ZIMBABWE

NDEWERE J

HARARE, 20 December 2017 & 5 May 2018

 

 

 

Bail Application

 

 

D. Mthombeni, for the appellants

E. Makoto, for the respondent

 

 

S v Chiminya (HH 285-18, B 341/18) [2018] ZWHHC 285 (30 May 2018);

VICTOR CHIMINYA

versus

THE STATE

 

 

HIGH COURT OF ZIMBABWE

NDEWERE J

HARARE, 20 March 2018 and 30 May 2018

 

 

Bail ruling

 

 

C K Mutevhe, for the applicant

F Nyahunzvi, for the State

 

            NDEWERE J: This is an application for bail pending appeal. The State had conceded but I invited submissions from both parties.

S v Mwanza & Another (HH 296-18, B386/18) [2018] ZWHHC 296 (20 March 2018);

                                                                                                                                                                                                              LEFAN MWANZA

and

KOMBORERAI MHEMBERE

versus

THE STATE

 

 

 

HIGH COURT OF ZIMBABWE

NDEWERE J

HARARE, 20 March 2018

 

 

 

Bail Pending Appeal

 

 

 

M. Nyatsoma, for the applicants

K. Kunaka, for the respondent

 

S v Tinodya & 3 Others (HH 215-18, CA 668/16 Ref CRB 3503-7/16) [2018] ZWHHC 215 (25 April 2018);

The court considered a criminal appeal, where the applicants had been charged for contravening s7(1)(a) or (b) of the Communal Land Act, by occupying or using communal land without lawful authority. The applicants pleaded guilty and were convicted and sentenced to pay a fine of $5000 or 30 days in prison. The appellants appealed the conviction on the ground that the court committed an irregularity by failing to proceed in terms of the correct procedure. 

They contended that by entering a guilty plea, the court had a duty to safeguard the fair trial rights of the accused by adopting a procedure which was most likely to suggest a defence where there was one.

The court considered whether the appellant’s conviction was lawful. It observed that with unrepresented accused persons, there was the ever-present likelihood that out of ignorance of the law, a person would admit to charges of a complex nature out of a desire to draw sympathy of the police or the courts and the onus was upon the court to choose a procedure which would have given the appellants a possible defence.

The court found that the conviction was wrong and remitted the matter back to the lower court. In addition, the court below would be required to take cognizance of s 16 of the Act which required that following a conviction, an order for eviction be granted. Accordingly, the appeal succeeded.

TAVENGERWEI TINODYA

and

AGNES MUCHINA

and

BESTI MUNGONO

and

FUNGAI WENGE

versus

THE STATE

 

 

HIGH COURT OF ZIMBABWE

HUNGWE & WAMAMBO JJ

HARARE, 29 March 2018 & 25 April 2018

 

 

Criminal appeal

 

 

D Mudadirwa, for the appellant

Mrs S Fero, for the respondent

 

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