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Bail re: Bail Pending Trial iro Approach, Constitutional Right to Bail & Denial of Bail in the Interests of Justice

HH194-15 : ANDERSON PONGOLANI vs THE STATE
Ruled By: TAGU J

The applicant is facing a charge of robbery as defined in section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9.23]. He is making an application for bail pending trial. The application is opposed by the respondent. The applicant has petitioned this court to grant him bail, among other things, on the basis that his co-accused was ...
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HMT11-18 : MUCHANETA MAKUYANA vs THE STATE
Ruled By: MWAYERA J

On 12 July 2018, after considering written and oral submissions by both counsel, I gave an ex tempore judgment dismissing the application for bail pending trial.The written reasons for my disposition are captioned herein.The applicant is facing allegations of rape as defined in section 65(1)(a) of the Criminal Law (Codification ...
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HH102-16 : ALBERT ISAAC MUTENDENEDZWA vs THE STATE
Ruled By: ZHOU J

The applicant was arrested on charges of robbery and rape; it being alleged that on 16 October 2015 at or about 12 noon he attacked and waylaid the complainant, a female aged 22 years. He was armed with a catapult when he confronted the complainant and demanded that she surrenders ...
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HH22-18 : TIBELLO TLOU vs THE STATE
Ruled By: MUSHORE J

The applicant applied for bail pending trial.The applicant is awaiting trial on a charge of rape in terms of section 65 of the Criminal (Codification and Reform) Act [Chapter 9:23].I dismissed the application.Circumstances surrounding the charge are that sometime in October 2017, the applicant (a 35 year old male) was ...
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HH15-20 : MARY MUBAIWA vs THE STATE
Ruled By: KWENDA J

The State relied on S v Ndlovu 2001 (2) ZLR…, which states that:“In deciding whether there is a risk of accused absconding, the court should consider such failure as the seriousness of the offence, the likely sentence, the incentive to abscond, the accused's mobility and access to cross border travel, ...
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HH424-18 : ANESU MOREBLESSING NYAMUTATA vs THE STATE
Ruled By: CHITAPI J

The applicant applies for bail pending trial on allegations of committing four (4) Counts of robbery and one count of attempted robbery as defined in section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] between the period 19 April 2018 and 14 May 2018.The applicant, a 28 ...
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HH469-16 : BERNARD CHIWENGA vs THE STATE
Ruled By: CHIGUMBA J

The question that the court must determine in this matter is whether it is in the interests of justice that the applicant be detained in custody because the concerns raised by the State have merit; that he is likely to interfere with witnesses, and/or that he is likely to abscond ...
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HB07-15 : TUNGAMIRAI NYENGERA vs THE STATE
Ruled By: MAKONESE J

The applicant is a legal practitioner employed at a law firm in Bulawayo. He is aged 36. He was arraigned before the Magistrates' Court on charges of contravening section 136 and 184(1)(e) of the Criminal Law (Codification and Reform) Act.It is alleged, by the State, that the applicant and his ...
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View Appeal HH16-21 : CAINOS CHINGOMBE vs THE STATE
Ruled By: CHIKOWERO J

Aggrieved by the Magistrates Court's refusal to admit him to bail pending trial, the appellant has sought that decision reversed.The appeal is made in terms of section 121(1) of the terms of the Criminal Procedure and Evidence Act [Chapter 9:23] (“the CPEA”) as read with Rule 6(1) of the High ...
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HH196-18 : IGNATIUS CHOMBO vs THE STATE
Ruled By: MUSHORE J

This is an appeal against the refusal of bail (pending trial) in the Magistrates' Court in terms of section 121 of the Criminal Procedure and Evidence Act [Chapter 9:07] on the following grounds:“1. The Magistrate misdirected himself in law in failing to find that 'compelling reasons' demanded by section 50(1)(d) ...
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HB06-15 : KELVIN SIBANDA vs THE STATE
Ruled By: MAKONESE J

The applicant, who is 24 years, is a male adult ordinarily resident at Number 67043/7 Sizinda Flats, Bulawayo. He faces a charge of murder.The allegations are that on the 10th December 2014, and at around 2000 hours, the applicant stabbed the deceased (who was his half brother), once in the ...
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View Appeal HH231-14 : ROBERT GUMBURA vs THE STATE
Ruled By: MUSAKWA J

Section 49(1) of the Constitution provides that -“Every person has the right to personal liberty, which includes the right —(a)…,.; and(b) Not to be deprived of their liberty arbitrarily or without just cause.”
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HB13-15 : MAYIBONGWE BANDA vs THE STATE
Ruled By: MAKONESE J

The applicant is facing a charge of contravening section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], “robbery”.The allegations are that on the 10th day of June 2014, and at the intersection of Ardleigh and Chelmsford Roads, Matsheumhlope, Bulawayo, the applicant, together with two other co-accused persons, ...
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HH63-21 : ROBERT GUMBURA B157/21 and BLESSING CHIDUKE B136/21 vs THE STATE
Ruled By: CHITAPI J

Bail pending trial is applied for by an accused whose trial is yet to commence.
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HB15-15 : BLESSING NHAMO vs THE STATE
Ruled By: MAKONESE J

The applicant is self employed. He operates a taxi business and drives his own taxi for a living.The applicant, together with other accused persons, namely, Derek Nkala and Mayibongwe Banda, are facing charges of robbery as defined in section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].It ...
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HH254-12 : DAVID CHIMUKOKO and GRACIANO KAZINGIZI and BIGGIE OFFICE and RAPHEL BOBO and PERKINS KARIKOGA and PHILLIP KATSANDE and ERICK CHATIZA vs THE STATE
Ruled By: MWAYERA J

The seven applicants approached the court on/with an application for bail pending trial.The applicants are facing one count of public violence as defined in section 36(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and one count of murder as defined in section 47 of the same Act.It ...
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SC111-21 : MUNYARADZI KEREKE vs THE STATE and FRANCIS MARAMWIDZE
Ruled By: MWAYERA JA

The applicant was convicted by the Regional Magistrates for rape of an 11 year old complainant. He approached this Court, legally represented by counsel of record, seeking bail pending appeal....,.In an application of this nature, it is important to note that the bail is being sought after conviction. It is ...
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HB50-15 : MTHOKOZISI SIBANDA vs THE STATE
Ruled By: MOYO J

This is an application for bail pending trial.The applicant is facing a charge of rape in contravening of section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations are, that, on 6 December 2014, at around 2000 hours, and at House Number 155 Section 3, Collen ...
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HB51-15 : NQOBILE NYONI vs THE STATE
Ruled By: MOYO J

The applicant in this matter is facing five counts of robbery and another two counts of robbery (carjacking).The offences were allegedly committed between June and December 2014.An application has been made to the court a quo for the applicant to be examined in terms of the Mental Health Act [Chapter ...
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HMT05-19 : MUNYARADZI KARIMBA vs THE STATE
Ruled By: MWAYERA J

The applicant who is facing four counts of stock theft, as defined in section 114 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], approached the court seeking to be admitted to bail pending trial.It is the State's contention, that, on 25 May 2018, 27 May 2018, and on ...
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HMT61-19 : POLITE ZIMUNYA vs THE STATE
Ruled By: MWAYERA J

The applicant was arrested and arraigned before the Magistrate Court on a charge of rape. He was detained in custody and has approached this court seeking for bail pending trial.It is alleged, that, the applicant took advantage of the complainant's mental disorder condition and had sexual intercourse with the complainant ...
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