JAISON MAX KORERAI MACHAYA
and
CECILIA CHITIYO
and
SHEPHERD MARWEYI
and
MATILDA MANHAMBO
and
CHISAINYERWA CHIBURURU
and
ETHEL MLALAZI
and
HONESTY MAGAYA
and
RHORY ANDREW SHAWATU
versus
THE STATE
and
SIBONGILE MSIPA – MARONDEDZE REGIONAL
MAGISTRATE N.O
HIGH COURT OF ZIMBABWE
CHITAPI J
HARARE, 2 April, 2019 and 14 June 2019
REUBEN MATENGU
Versus
THE INDEPENDENT TRIBUNAL
And
HILDA MAKUSHA MOYO N.O.
And
MIDARD KHUMALO N.O.
And
LUCY MANHOKWE N.O.
And
THE MINISTER OF LOCAL GOVERNMENT,
PUBLIC WORKS & NATIONAL HOUSING N.O.
LIBERTY MAGODO
and
TINEVIMBO MUZEZEWA
and
RICHARD BUZUZI
versus
CHIEF SUPERINTENDENT KEZIAS KARURU
HIGH COURT OF ZIMBABWE
MUZENDA J
HARARE, 16 May 2018
Opposed Application for review
Ms K. Hutchings, for the applicants
Ms. N.L Mabasa, for the respondent
AARON SHANJE
versus
TICHARWA MUREHWA
and
THE MINISTER OF MINES AND MINING DEVELOPMENT N.O.
and
PROVINCIAL MINING DIRECTOR MANICALAND N.O.
and
KINGSTON MUDONHI
HIGH COURT OF ZIMBABWE
MWAYERA and MUZENDA JJ
HARARE, 27 March 2018 and 25 April 2018
Opposed application for dismissal for want of prosecution
L. Uriri, for applicant
ARNOLD BVUTO
versus
THE STATE
HIGH COURT OF ZIMBABWE
HUNGWE & MUSHORE JJ
HARARE, 3 August 2017
Criminal Appeal
J Makiseni, for the appellants
Mrs F Kachidza, for the respondent
The court considered an appeal against a prior criminal conviction.
The appellants had extracted gold ore from a gold mine and were intercepted and arrested by the police. They were charged under s368(2) of the Mines and Minerals Act for illegally prospecting for minerals. They pleaded guilty, were convicted and sentenced to the mandatory two-year prison sentence. They appealed on the ground that they were convicted on a charge which was not supported by the facts admitted between them and the State.
The court had to consider whether the appellants’ plea of guilty was sufficient to convict them for contravening s368(2) of the Act. The court found that courts have a duty to protect the rights of the accused and to ensure that they fully understand the charge and the essential elements, as well as that they genuinely, and unequivocally admit to the charge, its essential elements, and the facts alleged by the prosecution.
In this case, the lower court simply accepted the uninformed admission of guilt by the accused as proof and disregarded the fact that the charge was not proved by the facts relied upon by the State.
Further, the court found that the appellants did not prospect for minerals, they simply stored gold ore from a known mine, thus contravening s379 not s368.
Accordingly, the appeal was upheld.
WINNIE MAKWARA
and
BETHELEM MAKWARA
and
AZARIA MAKWARA
versus
GRACE CHITURA
And
OLIVER MASOMERA
(In his capacity as Executor of the Estate Zebediah
Mudimu Makwara)
and
MASTER OF THE HIGH COURT
HIGH COURT OF ZIMBABWE
MWAYERA J
HARARE, 5 October 2017 and 7 March 2018
Opposed Matter
D C Kufaruwenga, for the 1st – 3rd applicants
E. Ngwerewe, for the 1st respondent
NYEKILE ONE PENNY HALF PENNY (PVT) LTD APPLICANT And PARIRENYATWA GROUP OF HOSPITALS 1ST RESPONDENT And SURDAX INVESTMENTS (PV) LTD 2ND RESPONDENT IN THE HIGH COURT OF ZIMBABWE TAKUVA J 28 JULY 2017 & 18 JANUARY 2018 Opposed Application Advocate L. Nkomo for the applicant Advocate H. Moyo for the 1st respondent No appearance for 2nd respondent TAKUVA J: This is an application for review of a decision made by the 1st respondent. The applicant is an unsuccessful bidder in a tender process that was flighted by the 1st respondent.
SERGEANT NHODZA R. 049759A
versus
THE TRIAL OFFICER (SUPERINTENDENT NDLOVU)
and
THE COMMISSIONER GENERAL OF POLICE
HIGH COURT OF ZIMBABWE
MOYO J
BULAWAYO 20 FEBRUARY 2018 AND 22 MARCH 2018
Opposed matter
R Ndou for the applicant
L Msika for the respondents
MAUDY KEMBO
and
ANNA MAVHANGIRA
and
NYARAI MASHINGAIDZE
and
MUNETSI HENRY TAFIRENYIKA
versus
MS MAZHANDE N.O.
and
THE STATE
HIGH COURT OF ZIMBABWE
ZHOU J
HARARE, 19 & 21 March 2018
URGENT CHAMBER APPLICATION
T. K. Hove for the applicants
E. Makoto for the second respondents
CRISPEN CHIREMBA
versus
SUPERINTENDANT CHIROODZA
and
COMMISSIONER GENERAL OF POLICE
HIGH COURT OF ZIMBABWE
MANGOTA J
HARARE, 23 November 2017 & 22 March 2018
Opposed Application
T Tabana, for the applicant
E Mukucha, for the 2nd & 3rd respondents
