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Criminal Cases

HB11-11 : THE STATE vs PETER SIWELA
Ruled By: NDOU J and MATHONSI J

24 January 2011 and 3 February 2011 Procedural Law-viz criminal appeal re conviction.Sentencing-viz stock theft.Procedural Law-viz rules of evdence re findings of fact iro assessment of evidence.Procedural ...

HB109-11 : SAMANTHA MASHIRI vs THE STATE
Ruled By: CHEDA J

15 August 2011 and 15 September 2011 Bail-viz bail appeal.Bail-viz bail pending trial re the presumption of innocence until proven guilty.Bail-viz bail pending trial re the seriousness ...

HB108-10 : EMMANUEL MURAMBIWA vs THE STATE
Ruled By: CHEDA J and MATHONSI J

12 July 2010 and 30 September 2010 Procedural Law-viz criminal appeal re sentence.Housebreaking-viz section 131(2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz housebreaking.Sentencing-viz sentencing ...

HB108-09 : OSCAR BOMA and BUSISANI TSHABANGU and TAWANDA CEPHAS NYANDORO vs THE STATE
Ruled By: NDOU J

24 September and 29 October 2009 Bail-viz bail pending trial.Bail-viz bail pending trial re carjacking.Bail-viz bail pending trial re armed robbery.Bail-viz carjacking.Bail-viz armed robbery.Bail-viz accused with ...

HB107-10 : THE STATE vs ONISMO NYENGE
Ruled By: MATHONSI J and NDOU J

30 September 2010 Procedural Law-viz criminal review.Procedural Law-viz criminal review re section 57 of the Magistrates Court Act [Chapter 7:10].Theft-viz section 113(1)(a) of ...

HB105-11 : THE STATE vs LYTHON MATHE
Ruled By: KAMOCHA J

13 and 14 July 2011 Procedural Law-viz rules of evidence re expert evidence iro post mortem report.Procedural Law-viz rules of evidence re physical evidence.Procedural Law-viz ...

HB105-09 : THE STATE vs LEO MATIBE
Ruled By: CHEDA J

12 March 2009 and 14, 15 and 16 October 2009 Murder-viz rules of evidence re physical evidence iro murder weapon.Procedural Law-viz rules of evidence re physical evidence.Murder-viz doctrine of common ...

HB104-16 : THE STATE vs HAPPY MUNSAKA
Ruled By: MOYO J and TAKUVA J

28 April 2016 Procedural Law-viz criminal review re automatic review.Indictment-viz charges re amendment of charges.Indictment-viz charges re alteration of charges.Sexual Offences-viz having sexual ...

View Appeal HB104-11 : THE STATE vs NORMAN SIBANDA
Ruled By: KAMOCHA J

4 November 2010 and 7 July 2011 Procedural Law-viz rules of evidence re extra-curial statement.Procedural Law-viz rules of evidence re extra curial statemets re confirmed extra-curial statement.Procedural ...

HB104-09 : THE STATE vs GIFT CHIKWEYA
Ruled By: CHEDA J

14 and 15 September 2009 and 26 October 2009 Procedural Law-viz rules of evidence re admissions.Procedural Law-viz plea to charge re admissions.Procedural Law-viz plea to charge re admissions iro ...

HB103-09 : THE STATE vs DUMISANI SIBANDA
Ruled By: CHEDA J and KAMOCHA J

13 October 2009 and 22 October 2009 Procedural Law-viz criminal review.Precious Minerals-viz possession of gold without a licence or permit re section 3(1)(a) of the Gold Trade ...

HB102-16 : THE STATE vs EDGAR MAJASI and PRECIOUS NKOMO
Ruled By: MOYO J

22-23 March 2016 Procedural Law-viz rules of evidence re direct evidence.Procedural Law-viz rules of evidence re circumstantial evidence.Procedural Law-viz rules of evidence re ...

HB102-14 : TERRENCE MUGUTA vs THE STATE
Ruled By: MAKONESE J

30 June 2014 and 3 July 2014 Bail-viz armed robbery.Bail-viz bail pending trial re the presumption of innocent until proven guilty.Bail-viz flight risk re the likely penalty ...

HB102-10 : NOMSA KANYOKA and PRICHARD NDLOVU and PHATHISANI NKALA and ANTHONY MUMBA vs THE STATE
Ruled By: MATHONSI J

2 September 2010 and 9 September 2010 Procedural Law-viz bail re bail pending appeal.Theft-viz section 113 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz theft.Electricity ...

HB101-09 : THE STATE vs FORGET NCUBE
Ruled By: CHEDA J and KAMOCHA J

7 October 2009 and 15 October 2009 Procedural Law-viz review.Murder-viz infanticide re section 48(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz infanticide.Sentencing-viz suspended sentence ...

HB100-17 : ELIZABETH SHAVA vs PRIMROSE MAGOMORE N.O. and NATIONAL PROSECUTING AUTHORITY
Ruled By: MATHONSI J

20 April 2017 and 27 April 2017 Procedural Law-viz citation re party acting in an official capacity iro nominee officii.Procedural Law-viz citation re party acting in an ...

HB100-11 : THE ATTORNEY GENERAL vs DAVID PHIRI
Ruled By: NDOU J

12 November 2010 and 14 July 2011 Procedural Law-viz criminal appeal re leave to appeal.Procedural Law-viz criminal appeal re leave to appeal acquittal at the close of ...

HB100-09 : THE STATE vs BISHOP NCUBE
Ruled By: CHEDA J and NDOU J

7 October 2009 and 15 October 2009 Procedural Law-viz criminal review.Procedural Law-viz criminal review re rape.Sentencing-viz rape.Sentencing-viz rape re multiple counts.Sentencing-viz multiple counts re mathematical formula.Sentencing-viz multiple ...

HB10-16 : EUGIENE MHLANGA vs THE STATE
Ruled By: BERE J and MAKONESE J

19 October 2015 and 11 February 2016 Procedural Law-viz criminal appeal re sentence.Procedural Law-viz final orders re the right of a litigating party to written reasons for ...

HB09-16 : ARTHUR KAZANGARARE vs THE STATE
Ruled By: BERE J and MATHONSI J

18 January and 4 February 2016 Procedural Law-viz criminal appeal re conviction and sentence.Stock Theft-viz section 114 of the Criminal Law (Codification and Reform) Act [Chapter ...

HB09-11 : THE STATE vs MPUMELELO MOYO
Ruled By: MATHONSI J and NDOU J

27 January 2011 Procedural Law-viz criminal review.Firearms Violations-viz unlawful possession of a firearm re section 4(4)(b) of the Firearms Act [Chapter 10:09].Firearms Violations-viz ...

HB09-10 : EMMANUEL JUWAKI and PROSPER MAPHOSA vs THE STATE
Ruled By: NDOU J

2 and 25 February 2010 Bail-viz armed robbery.Bail-viz co-accused re principle of equality of treatment.Bail-viz set down of trial date.Bail-viz likelihood to abscond.Bail-viz risk of ...

HB08-16 : CHRISTOPHER MANGISI vs THE STATE
Ruled By: BERE J and MATHONSI J

18 January and 4 February 2016 Procedural Law-viz criminal appeal re concession of an appeal by the State iro section 35 of the High Court Act ...

View Appeal HB08-13 : THE STATE vs NKANYEZI MOYO
Ruled By: KAMOCHA J

20, 21 and 24 September 2012; 15 and 17 January 2013 Murder-viz murder with actual intent.Procedural Law-viz rules of evidence re documentary evidence.Procedural Law-viz rules of evidence re evidence of oath ...

HB08-09 : LUNGISANI DUBE vs THE STATE
Ruled By: CHEDA J

19 November 2008 and 22 January 2009 Bail-viz bail pending appeal.Bail-viz bail pending appeal re consent of the State.Procedural Law-viz rules of evidence re warned and cautioned ...

HB07-16 : LOURENS M. BOTHA (SENIOR) and LOURENS M. BOTHA (JUNIOR) vs THE STATE
Ruled By: MAKONESE J and TAKUVA J

9 November 2015 and 28 January 2016 Procedural Law-viz criminal appeal.Theft-viz section 113 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] re the defence of ...

HB07-15 : TUNGAMIRAI NYENGERA vs THE STATE
Ruled By: MAKONESE J

9 January and 15 January 2015 Bail-viz fraud re section 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Bail-viz bail pending trial re seriousness ...

HB07-10 : THE STATE vs FANUEL PHIRI
Ruled By: NDOU J and CHEDA J

25 February 2010 Procedural Law-viz criminal review.Parks and Wildlife Management-viz unlawful possession of animal trophy without a licence.Parks and Wildlife Management-viz unlawful possession ...

HB06-16 : ALBANO ANTONIO MANUEL DA CUNHA and RJA KELLIE vs RANGARIRAI GAKANJE N.O. and THE STATE
Ruled By: MAKONESE J and MOYO J

18 December 2015 and 21 January 2016 Procedural Law-viz citation re party acting in an official capacity.Procedural Law-viz urgent chamber application re review proceedings.Procedural Law-viz review.Tax Violations-viz ...

HB06-15 : KELVIN SIBANDA vs THE STATE
Ruled By: MAKONESE J

7 January and 15 January 2015 Bail-viz bail pending trial re murder.Bail-viz bail pending trial re youthful offenders.Bail-viz flight risk re fugitive from justice.Bail-viz inducement to ...

HB06-14 : TENDAI JAMES MUKUTE vs THE STATE
Ruled By: MOYO J

25 November 2013 and 23 January 2014 Bail-viz bail pending appeal.Sexual Offences-viz rape re section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz rape.Procedural ...

HB05-16 : LINDANI CAPHU vs THE STATE
Ruled By: MATHONSI J

15 January and 21 January 2016 Procedural Law-viz rules of evidence re unchallenged evidence iro admissions.Procedural Law-viz rules of evidence re undisputed averments iro the principle ...

HB05-15 : THE STATE vs ADRIAN MUCHAZIVEPI
Ruled By: MAKONESE J and TAKUVA J

15 January 2015 Procedural Law-viz review.Sentencing-viz sentencing jurisdiction re section 54 of the Magistrates Court Act [Chapter 7:10].Sentencing-viz sentencing jurisdiction re section ...

HB05-12 : THE STATE vs INNOCENT PHIRI
Ruled By: KAMOCHA J

11, 12 and 13 January 2012 Procedural Law-viz final orders re ex tempore judgment.Procedural Law-viz rules of evidence re warned and cautioned statement iro the presumption ...

HB04-13 : JORAM NGWENYA and CLEOPAS MOYO vs FADZAI MTHOMBENI N.O. and THE STATE
Ruled By: KAMOCHA J

22 June 2012 and 17 January 2013 Charge-viz framing of charges re the crime of unlawful entry.Indictment-viz framing of charges re the crime of unlawful entry and ...

HB04-10 : VITALIS SHAMBIRA vs THE STATE
Ruled By: CHEDA J

15 January 2010 and 20 January 2010 Bail-viz bail pending trial.Bail-viz bail pending trial re threats of violent conduct towards a judicial officer.Bail-viz bail pending trial re ...

HB03-11 : THE STATE vs JOE GUTUZA and MUNYARADZI MASAWU
Ruled By: MATHONSI J and NDOU J

13 JANUARY 2011 Procedural Law-viz criminal review.Road Traffic Law-viz touting re section 40 of the Motor Transportation Act [Chapter 13:15].Sentencing-viz road traffic law ...

HB02-18 : THE STATE vs BONGANI MHLANGA
Ruled By: MOYO J

16 and 17 January 2018 Indictment-viz guilty plea re limited plea iro plea bargaining.Charge-viz plea of guilty re limited plea iro plea bargaining.Procedural Law-viz rules ...

HB01-16 : THE STATE vs RICHARD MARUVA
Ruled By: BERE J and MATHONSI J

14 January 2016 Procedural Law-viz criminal review.Assault-viz section 89(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Indictment-viz mentally challenged persons re ...

HB01-13 : THE STATE vs SIPHO NCUBE and GILBERT MLOTSHWA
Ruled By: CHEDA J

24 January 2013 Procedural Law-viz criminal review.Housebreaking-viz section 131 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Sentencing-viz housebreaking.Sentencing-viz housebreaking re value ...

HB01-11 : IDAH NYABEZA and MUNYARADZI MURENGA vs THE STATE
Ruled By: CHEDA J and NDOU J

1 November 2010 and 13 January 2011 Procedural Law-viz criminal appeal re conviction and sentence.Children Violations-viz ill treatment of children re section 7(1) of the Children's Act ...

CCC19-17 : JONATHAN MOYO vs SERGEANT CHACHA and THE ZIMBABWE ANTI-CORRUPTION COMMISSION and THE COMMISSIONER GENERAL OF POLICE, ZIMBABWE REPUBLIC POLICE and THE PROSECUTOR-GENERAL
Ruled By: MALABA CJ, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, UCHENA JCC and ZIYAMBI AJCC

14 June and 20 September 2017 Corruption -viz arresting powers of the Zimbabwe Anti-Corruption Commission re section 255(3) of the Constitution.Corruption-viz arresting powers of the Zimbabwe ...

CCC17-17 : SHANTEL RUSIKE vs THE STATE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC and MAVANGIRA AJCC

28 January 2015 and 20 September 2017 Undermining Authority of or Insulting President-viz section 33(2)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Indictment-viz canvassing essential ...

CCC17-16 : DOUGLAS MWONZORA vs THE STATE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC and MAVANGIRA JCC

8 January 2015 and 23 November 2016 Constitutional Law-viz constitutionality of statutory provisions re the Criminal Law (Codification and Reform) Act [Chapter 9:23] iro section 33(2)(a) ...

CCC16-19 : PERFECT NYATHI vs THE STATE
Ruled By: MALABA CJ, GARWE JCC, MAKARAU JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC and BERE JCC

17 July 2019 Procedural Law-viz constitutional referral re section 175 of the Constitution.Procedural Law-viz rules of evidence re accomplice witness iro section 267 ...

CCC16-17 : PETROS MAKAZA and GOLDEN NHIKA and KHUMBUZO GUMBO and SYDNEY NDACHENGEDZWA vs THE STATE
Ruled By: CHIDYAUSIKU CJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, MAVANGIRA AJCC, CHIWESHE AJCC, MAKONI AJCC

2 July 2014 and 19 July 2017 Procedural Law-viz rules of evidence re admissions iro unchallenged averments.Procedural Law-viz rules of evidence re admissions iro undisputed submissions.Procedural Law-viz ...

CCC15-17 : JONATHAN MOYO vs SERGEANT CHACHA and ZIMBABWE ANTI-CORRUPTION COMMISSION and COMMISSIONER GENERAL OF POLICE, ZIMBABWE REPUBLIC POLICE and PROSECUTOR GENERAL
Ruled By: CHIDYAUSIKU CJ

4 November 2016 Procedural Law-viz review re unterminated proceedings iro stay of proceedings.Procedural Law-viz review re incomplete proceedings iro stay of proceedings.Procedural Law-viz ...

CCC13-17 : IN RE: PROSECUTOR-GENERAL OF ZIMBABWE ON HIS CONSTITUTIONAL INDEPENDENCE AND PROTECTION FROM DIRECTION AND CONTROL vs x
Ruled By: CHIDYAUSIKU CJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC, MAVANGIRA JCC and UCHENA JCC

28 October 2015 Procedural Law-viz private prosecution re section 12 of the National Prosecuting Authority Act [Chapter 7:20].Procedural Law-viz the certificate nolle prosequi ...

CCC13-15 : JONATHAN MUTSINZE vs THE ATTORNEY GENERAL, ZIMBABWE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, PATEL JCC and GUVAVA JCC

22 January, 14 March, 24 September and 1 October 2014 Procedural Law-viz criminal trial re failure to complete criminal proceedings within a reasonable time iro systemic delays.Procedural Law-viz rules of ...

CCC12-16 : PAUL MADZORE vs THE STATE
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, ZIYAMBI JCC, GWAUNZA JCC, GARWE JCC, GOWORA JCC, HLATSHWAYO JCC, GUVAVA JCC and MAVANGIRA AJCC

28 May 2014 Procedural Law-viz constitutional referral re section 24(2) of the Constitution.Procedural Law-viz criminal trial re the constitutional right to a fair ...

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