HIGH COURT

S v Mukohwa & 5 Others (HH 230-18, CRB 25/18) [2018] ZWHHC 230 (19 March 2018);

THE STATE

versus

EDSON MUKOHWA

and

PETER TABVIROONA

and

ELEMIGIO SHAMUYARIRA

and

KNOWELDGE MUKUKU

and

SIMBAI CHIDODO

and

CONRAD CHIPANGO

 

 

 

HIGH COURT OF ZIMBABWE

CHITAPI J

HARARE, 5, 6, 7, 8, 9, and 19 March 2018

 

 

Assessors         1.         Mr Mhandu

                        2.         Mr Mpofu

 

 

Criminal Trial: Application for Discharge at close of the State’s case

 

 

JOHN MAFUNGEI CHIKURA N.O. DEPOSIT PROTECTION CORPORATION (In his capacity as liquidator of Royal Bank Zimbabwe Limited) v Chikumba & 8 Others (HH91-18, HC 12448/16) [2018] ZWHHC 91 (16 February 2018);

JOHN MAFUNGEI CHIKURA N.O.

DEPOSIT PROTECTION CORPORATION

(In his capacity as liquidator of Royal Bank Zimbabwe Limited)

versus

PETER SIMHANGA CHIKUMBA

and

NOMSA SIBUSISIWE YEHUDA

and

HARDWORK NJODZI PEMHIWA

and

MATTHEW CHAMUNORWA WAZARA

and

CHAKANYUKA GODFREY KARASE

and

SANDRA MICHELLE ROBERTS

and

ANDRIES CHRISTOFFEL KLOPPERS

and

JEFFREY MZWIMBI

and

DURAJADI SIMBA

 

 

 

HIGH COURT OF ZIMBABWE

CHIWESHE JP

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

 

Nzara & 3 Others v Kashumba N.O. & 3 Others (SC18/18, Civil Appeal No. 137/16) [2018] ZWSC 18 (12 March 2018);

DISTRIBUTABLE      (16)

     1. SHORAI MAVIS NZARA  2. AAROLA TAKUDZWA TENDAI IDEHEN  3. AMOSEGE RUDO IDEHEN  4. OSARETIN TANAKA FEMI IDEHEN

v

1. CECILIA KASHUMBA N.O  2. THE REGISRAR OF DEEDS  3. MASTER OF THE HIGH COURT  4. TAFIRENYIKA KAMBARAMI

                         

SUPREME COURT OF ZIMBABWE

BEFORE GARWE JA; GUVAVA JA; UCHENA JA

HARARE: JUNE 2, 2017 & MARCH 12, 2018

 

 

 

Constable Dhlakama & Another v The Trial Officer & Another (HH 129-18, HC 7210/15) [2018] ZWHHC 129 (13 March 2018);

CONSTABLE DHLAKAMA M. 994695P

and

CONSTABLE KARIRIRA L. 991058L

versus

THE TRIAL OFFICER

and

THE COMMISIONER GENERAL OF POLICE

HIGH COURT OF ZIMBABWE

MWAYERA J

HARARE, 11 October 2017 and 13 March 2018

Opposed Matter

W. Mugiya, for the applicants

K. Chimiti, for the respondent

Kabichi v Minerals Marketing Corporation of Zimbabwe (HH 38-18) [2018] ZWHHC 38 (31 January 2018);

ALEC KABICHI

versus

MINERALS MARKETING CORPORATION OF ZIMBABWE

HIGH COURT OF ZIMBABWE

CHAREWA J

HARARE, 28 November 2017 & 31 January 2018                         

Opposed Matter- Special Plea

Mr B Ngwenya, for the plaintiff

Mr M.G. Bumhira, for defendant

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