BHUNU J: The six appellants were charged with
contravening s 368 (1)(a) as read with s 4 of the Mines and Minerals Act 1 of
2006, that is to say, unlawful prospecting or searching for any Minerals, Oil
or Natural gas without a valid prospecting licence.
They
appeared on initial remand before a magistrate on 18 May 2010. At that hearing
State Counsel did not oppose the granting of bail. The Magistrate's notes
read:-
“S/C
TD
22/06/10 Crt I 2/6/10 interim on condition that they:
(i)
deposit
US$20 with C.O.C.
(ii)
reside
@ given addresses
(iii)
……
by Crt
Having regard to the nature of the
allegations – Offence attracts a Minimum Mandatory Sentence of 2 years
imprisonment. The accused are not likely to stand their trial and therefore
bail is denied by the court”
It is clear that the proceedings
were conducted in the most perfunctory and injudicious manner. The presiding
magistrate condemned the applicants to imprisonment in circumstances where the
State was not opposing bail without any shred of evidence that the appellants
were likely to abscond.
The
appellants were condemned without uttering a single word concerning the bail
issue.
The
State having conceded that the applicants were good candidates for bail they
cannot now without any changed circumstances claim other wise.
The
Magistrate having grossly misdirected himself it is accordingly ordered that
bail be and is hereby granted in terms of the draft.
Appellants
are admitted to bail pending trial on the following conditions.
(a)
First
to sixth appellants to deposit US$20 with the Clerk of Court Bindura Magistrate
Court.
(b)
(i) First appellant to continue residing at
Chebanga Village, Chief Mazowe
until finalization of
this matter
(ii) Second appellant to continue residing at
Amatola Farm Mazowe until finalization of this matter
(iii) Third appellant to continue residing at
Daxford famr, Mazowe until finalization of this matter.
(iv) Fourth appellant to continue residing at
Tataguru farm Mazowe until finalization of this matter.
(v) Fifth appellant to continue residing at
G26 Dndamera, Concession until finalization of this matter.
(vi)
Sixth
appellant to continue residing at Wakatai farm Concession until finalization of
this matter.
(c) (i) First,
second, third and fourth appellants to report at Mazowe Police
Station between the
hours of 6 am and 6 pm every Friday.
(ii)
Fifth
and sixth appellants to report at Concession Police Station between the hours
of 6 am and 6 pm every Fridays.
Jena and Associates, appellants' legal practitioners
The
Attorney General's Office,
respondent's legal practitioners
