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Review re: Unterminated or Incomplete Proceedings, Stay of Proceedings Pendente Lite and the Doctrine of Ripeness

HB54-09 : GERHARDUS HERMANUS GROVE vs ALECK KADYE N.O. and ATTORNEY GENERAL N.O.
Ruled By: NDOU J

On 28 April 2009, I granted a provisional order and gave brief reasons for my decision. One of the parties has requested full reasons. These are the full reasons. This matter has a bit of history which I propose to highlight. The applicant was appearing in a criminal trial before the first respondent, a senior magistrate in Kwekwe, ...
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HH215-10 : BERNARD VENGAI vs BENJAMIN CHUMA and NEW DONNINGTON FARM (PRIVATE) LIMITED
Ruled By: KUDYA J

The plaintiff is facing criminal charges of negligent driving which were suspended by this court on 3 February 2010 pending the conclusion of the present matter.
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HB52-13 : KENES SIBANDA vs PROVINCIAL MAGISTRATE N.O. KEZI COURT and PUBLIC PROSECUTOR N.O. KEZI COURT and ATTORNEY GENERAL N.O. and MINISTER OF JUSTICE N.O.
Ruled By: CHEDA J

On the 18th June 2009 this matter was heard before me in chambers. After hearing both counsel I dismissed the application and undertook to give my reasons later. These are they. This is an application for interdicting the Magistrates Court, Kezi from proceeding with case number Matobo CR17/04/09 pending the finalisation of Case No.HC903/09.
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HB52-13 : KENES SIBANDA vs PROVINCIAL MAGISTRATE N.O. KEZI COURT and PUBLIC PROSECUTOR N.O. KEZI COURT and ATTORNEY GENERAL N.O. and MINISTER OF JUSTICE N.O.
Ruled By: CHEDA J

The allegations, as presented by the State, are that the applicant was charged with stock theft. He pleaded not guilty, but, was convicted and the matter was postponed to the 21 May 2009 for sentence by consent of both counsel. The historical background of this matter is that the applicant first appeared in court before the ...
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HH01-14 : NDOMUPEI TIVENGE vs THE STATE and MRS MUGWAGWA, ESQUIRE
Ruled By: MATANDA-MOYO J

This is a matter which came as an unopposed matter in which the applicant sought to set aside the second respondent's decision that the trial of the applicant continue to the defence case in a criminal trial. Further, that the applicant be discharged at the close of the State's case. The brief background of the ...
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HHH278-14 : THE STATE vs ROBSON MUTERO
Ruled By: MAWADZE J and MATHONSI J

The record of proceedings in this matter has been placed before me by the Provincial Magistrate Masvingo under cover of a minute with the following comments; “Please place this record of proceedings before a High Court Judge with the following request. The accused was arraigned before Mr P Mapiye at Masvingo Magistrates Court. The trial progressed till ...
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HH291-14 : WILFORD EDWARD NYAMBO vs MAGISTRATE T. K. MAHWE. N.O. and PROSECUTOR GENERAL
Ruled By: UCHENA J

The applicant was jointly charged with Norman Bvekwa, his legal practitioner, on a charge of fraud in contravention of section 136 of the Code. They pleaded not guilty. The State led evidence and closed its case. The applicant and his co accused applied for discharge at the end of the State's case. The representative of ...
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HB40-14 : DHERERAI MANYONI vs SUPERINTENDENT NDLOVU and OFFICER COMMANDING BULAWAYO PROVINCE
Ruled By: KAMOCHA J

The charge that the applicant was facing was framed like this:-“CHARGE SHEETThe State versus FORCE NUMBER 054381 C/D J. RANK SERGEANT(Hereinafter called the accused) appointed on 27/03/03 rate of pay…,.The accused is ordered to appear before the court of an officer/board of officers at place DHQ WEST on the 24/12/12 at (time) 0800 hrs firstly to ...
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CC06-15 : ANNA COLLETA CHIHAVA and BOAS MAPUVA and ZISHE CHIZANI vs THE PROVINCIAL MAGISTRATE FRANCIS MAPFUMO N.O and THE PROSECUTOR GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC and CHIWESHE AJCC

The time-honoured common law principle that a superior court should be slow to intervene in ongoing proceedings in an inferior court, except in exceptional circumstances. This principle is persuasively articulated as follows in the case of Wahlhaus v Additional Magistrate, Johannesburg 1959 (3) SA 113 (A); “…, a superior court would be slow to exercise any ...
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HHH71-12 : JANE LINDA ROSE vs THE STATE
Ruled By: HUNGWE J

This is an application for an order declaring the applicant not guilty and acquitting her after a review of the proceedings leading to her conviction. The matter was placed before me as an ordinary court application although the proceedings in the Magistrate's Court are not yet concluded in that she has not yet been sentenced….,. The question raised ...
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CC03-17 : CUTHBERT CHAWIRA and 13 OTHERS vs MINISTER OF JUSTICE LEGAL AND PARLIAMENTARY AFFAIRS and THE COMMISSIONER OF PRISONS AND CORRECTIONAL SERVICES and THE ATTORNEY GENERAL
Ruled By: MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, BHUNU JCC and UCHENA JCC

In Masedza Ors v Magistrate Rusape Anor 1998 (1) ZLR 36 DEVITTIE J observed that a higher court will intervene in unterminated proceedings of a lower court: “Only if the irregularity is gross and if the wrong decision will seriously prejudice the rights of the litigant or the irregularity is such ...
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CC09-17 : FARAI KATSANDE and ZIMBABWE BANKS AND ALLIED WORKERS UNION vs INFRASTRUCTURE DEVELOPMENT BANK OF ZIMBABWE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC and MAVANGIRA AJCC

…,. The procedure adopted by the applicants would constitute an affront to the time honoured common law principle that a superior court should be slow to intervene in ongoing proceedings in an inferior court - except in exceptional circumstances. This principle is persuasively articulated as follows in the case of Wahlhaus v Additional Magistrate, Johannesburg ...
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HH100-15 : MUNYARADZI CHIKUSVU vs MAGISTRATE T. MAHWE
Ruled By: BHUNU J and UCHENA J

This is an application for review arising from the applicant's trial in the Magistrates Court before Magistrate Mahwe sitting at Harare. The applicant appeared before the trial magistrate charged with contravening section 43(2) of the Shop Licences Act [Chapter 14:17]. The section criminalizes the unlawful use of another's shop licence with the intention to deceive. The ...
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HH550-15 : CONSTABLE JANI 985403P vs THE OFFICER IN CHARGE ZRP MAMINA and THE OFFICER IN CHARGE CHIKURUBI DETENTION BARRACKS and THE COMMISSIONER GENERAL OF POLICE
Ruled By: CHIGUMBA J

In HERBSTEIN VAN WINSEN, Civil Practice of the Supreme Court of South Africa 4ed…, the difference between the remedy of appeal and that of review are explained as follows: “The reason for bringing proceedings under review or appeal is usually the same, to have the judgment set aside. Where the reason for wanting this is ...