Plea

Tachiona v Ndebele & 3 Others (HB 263-18, HC 997/17) [2018] ZWBHC 263 (25 October 2018);

 NONTOKOZO TACHIONA

 

Versus

 

BRIGHTON NDEBELE

and

 

ZIMBABWE UNION CONFERENCE OF THE

SEVENTH DAY ADVENTIST CHURCH

and

 

SOUTH ZIMBABWE CONFERENCE

OF THE SEVENTH DAY ADVENTIST CHURCH

and

 

BULAWAYO SEVENTH DAY ADVENTIST

CITY CENTRE CHURCH

 

 

 

HIGH COURT OF ZIMBABWE

MAKONESE J

BULAWAYO 29 JUNE 2018 AND 25 OCTOBER 2018

 

 

Opposed Application

 

 

S v Mutyorauri (HB 271-18, HCAR 1644/18 X Ref CRB GKP1239) [2018] ZWBHC 271 (01 November 2018);

THE STATE

 

Versus

 

WILLARD MUTYORAURI

 

IN THE HIGH COURT OF ZIMBABWE

TAKUVA J

BULAWAYO 31 OCTOBER & 1 NOVEMBER 2018

 

Review Judgment

            TAKUVA J:  This record was placed before me by the Registrar pursuant to a request by the Regional Magistrate Gokwe.  Attached to the record of proceedings are the following comments by the Regional Magistrate

Masenda & 6 Others v N. Stipinovich (Pvt) Ltd & 8 Others (HB 107-18, HC 859/15) [2018] ZWBHC 107 (26 April 2018);

JOSHUA MASENDA

SEBASTIAN DUBE

BETTER KWENGI

MARTIN MAMUTSE

RUEBEN MOYO

ANDREW MATSHAZI

BENJAMIN TSHUMA

 

Versus

 

N. STIPINOVICH (PVT) LTD

ROZANNA STIPINOVICH

NATASHA STIPINOVICH

PHILLIPE STIPINOVICH

SVRNAM (PVT) LTD

ANGELO JOSEPH STIPINOVICH

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

 

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