CONCILIA CHINANZVAVANA versus MINISTER OF JUSTICE, LEGAL & PARLIAMENTARY AFFAIRS and PRESIDENT OF THE REPUBLIC OF ZIMBABWE and VICE-PRESIDENT OF THE REPUBLIC OF ZIMBABWE and THE NATIONAL PEACE & RECONCILIATION COMMISSION and THE ATTORNEY GENERAL OF ZIMBABWE

Masvingo High Court · HMA 13-19 · 03 2019

Section 251(1) of the Constitution of Zimbabwe says: “For a period of ten years after the effective date, there is a commission to be known as the National Peace and Reconciliation Commission consisting of –” The rest is not immediately…

TAFADZWA CHINHENGO Versus THE STATE

Bulawayo High Court · HB 42/19 · 03 2019

This is an appeal against sentence only against the decision of a Magistrate sitting at Beitbridge on 21st July 2017. The appellant was convicted on his own plea of guilty for contravening section 40 (1) of the Criminal Law (Codification…

THE STATE versus KUDAKWASHE CHIRARA

High Court of Mutare · HMT 24-19 · 03 2019

The accused was convicted of seven counts of armed robbery, one count of unlawful entry into premises and one count of contravening s 24 of the Immigration Act [Chapter 4:02]. He was sentenced to a total of 56 years imprisonment,…

THE STATE vs VENGESAI PEPUKAI

Masvingo High Court · HMA 12-19 · 03 2019

This case is an epitome of a poorly investigated case. As a result the trial became tedious as it was characterised by irrelevant State witnesses. The incident in this case occurred in bar in which there were about 25 local…

BRITISH AMERICAN TOBACCO ZIMBABWE v JONATHAN CHIBAYA

Supreme Court · SC 30-19 · 03 2019

This is an appeal against the entire judgment of the Labour Court dismissing the appellant’s appeal against a decision of the Grievance and Disciplinary Committee of the National Employment Council for the Tobacco Industry (“the NEC Grievance and Disciplinary Committee”)…

THE STATE versus GORDEN MHLANGA

High Court of Mutare · HMT 22-19 · 03 2019

The accused is charged with murder as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. It is alleged that on 20 May 2018 and at Chikware Village, Chief Musikavanhu accused…

TASHINGA RUFARO EDWARD MUSONZA Versus THE STATE

High Court of Bulawayo · HB 33/19 · 03 2019

The applicant is employed by the Air Force of Zimbabwe as a pilot and is based at Josiah Tungamirai Airbase at Gweru. He is aged 29 years. He is facing a charge of murder. He denies the allegation. The deceased,…

THE STATE VS TINASHE LAWRENCE GORE

Bulawayo High Court · HMA 14-19 · 03 2019

The accused now stand convicted on his own plea of guilty of the charge of contravening section49 of the Criminal Law (Codification and Reform) Act [Cap 9:23] which relates to culpable homicide. Initially the accused had been arraigned for murder…

WALTER KAMBUZUMA versus THE STATE

High Court of Mutare · HMT 21-19 · 03 2019

On 7 September 2018 the appellant appeared at Nyanga Magistrates Court facing 1 count of the Road Traffic Act and second count of culpable homicide. Count 1: appellant had no driver’s licence as defined under s 6 (1) of the…

MAKOMBE MATUKU versus THE STATE

High Court of Mutare · HMT 20-19 · 03 2019

The appellant was charged and convicted of Rape as defined in s 65 of the Criminal Law (Codification and Reform Act [Chapter 9:23]. The appellant was convicted of 2 counts of rape and sentenced in respect of both counts to…

ARCHFORD ANESU MAGAYA versus THE STATE

High Court of Mutare · HMT 17-19 · 03 2019

On 27 April 2016 the appellant appeared before the Regional Court sitting at Mutare facing two counts of rape as defined in s 65 of the Criminal Law Codification and Reform Act [Chapter 9:23]. In count one, it was alleged…

SIMON SHONHAYI DENHERE v (1) MUTSA DENHERE (nee MARANGE) (2) ATTORNEY-GENERAL OF ZIMBABWE

Constitutional Court of Zimbabwe · CCZ 9-2019 · 03 2019

This is a chamber application for an order for direct access to the Constitutional Court (“the Court”) made in terms of r 21(2) of the Constitutional Court Rules SI 61/2016, (“the Rules”).

THE STATE versus TALENT MICHAEL MATAMBO

High Court of Mutare · HMT 27-19 · 03 2019

This is a case in which the accused is charged with murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The state alleges that at Railway Motor Services, Mutare, on 15 February…

MWAMI MULIZI SIAMSIPA N.O. v KUNGANDA FARM (PRIVATE) LIMITED

Supreme Court · SC 26-19 · 03 2019

This is an appeal against the judgement of the High Court in Case No. HC 9914/15 handed down as Judgement No. HH 599-17. There is also a related judgement of the High Court, to which I shall revert later, in…

BIRTHWELL SIBANDA Versus THE STATE

High Court of Bulawayo · HB 34/19 · 03 2019

On 24 April 2014, the City of Bulawayo woke up to the news of the horrific double murder of Mthabisi Dube and his girlfriend Lokukhanya Ncube. Their bodies were discovered in a grass filled drainage at the corner of Intemba…

THE STATE vs LAZARUS TOGAREPI

Masvingo High Court · HMA 11-19 · 03 2019

At the commencement of this trial, the state successfully applied for separation of trial as the accused was jointly charged with one Charles Chinhosva. Charles Chinhosva is at large and a warrant of his arrest was issued. The trial proceeded…

STELLA MASUNGA versus FORWARD KAPIYA

High Court of Mutare · hmt 8-19 · 03 2019

On 23 July 2018 Mr Forward Kapiya (the respondent) of Stand 254 Headlands Location issued summons at Rusape Magistrate’s Court against the appellant. Stella Masunga where he was seeking eviction of the appellant from a commercial stand No193, Headlands known…

THEOPHELUS MURAHWA versus THE STATE

High Court of Mutare · hmt 6-19 · 03 2019

On 12 July 2018, the appellant appeared before a magistrate sitting at Mutare facing two counts of contravening sections of the Road Traffic Act. Count 1 was for contravening s 6 (1) as read with s 6 (5) of the…

SIYAI BULABULA versus LEAFLOAF ENTERPRISES (PVT) LTD and AGAINSON MRALASI

Masvingo High Court · HMA 15-19 · 03 2019

This was an application for summary judgment. The defence was bogus. I granted the application soon after argument and gave reasons ex tempore. The respondents say they want to appeal. They have asked for a written judgment. This is it.

FORTUNE MURISI v THE STATE

Supreme Court · SC 29-19 · 03 2019

On 3 April 2006 the appellant was found guilty of one count of contravening s 3(1)(a)(ii) of the Prevention of Corruption Act [Chapter 9:16] (hereinafter referred to as ‘the Act’) by the Magistrates Court. On 9 February 2013, the High…