ISSIAH MAPFUMO
versus
THE STATE
HIGH COURT OF ZIMBABW
PHIRI J
HARARE, 30 May 2018
Bail
M Chigwaza, for the applicant
E. Makoto, for the respondent
PHIRI J: This is an application for bail pending appeal.
S
versus
S
and
S
HIGH COURT OF ZIMBABWE
KWENDA J
HARARE, 14 May 2018 & 15 May 2018
Urgent Application
C. C Mumba, for the applicants
T. K Takaindisa, for the respondent
KWENDA J: The applicant approached this court on a certificate of urgency for a provisional order the terms of which are the following:-
FINAL ORDER SOUGHT
CECILIA KASHUMBA
versus
AAROLA TAKUDZWA TENDAYI IDEHEN
and
AMOSORGE RUDO IDEHEN
and
OSARETIN TANAKA DEMI IDEHEN
and
SHORAI MAVIS NZARA
and
THE SHERIFF OF ZIMBABWE
HIGH COURT OF ZIMBABWE
MUSAKWA J
HARARE, 17 & 24 May 2018
Urgent Chamber Application
T. Zhuwarara, for the applicant
P. Chiutsi, for the 1st, 2nd 3rd and 4th respondents
JAMES CHIPADZE
and
TONDERAYI MUTEMA
and
TAURAI HODZI
and
EARNEST CHIMHANDA
and
KAMPIRA CHABVUNDURA
and
JOSHUA MUREWA
and
GABRIEL KANYIMO
and
BONGA KASAWAYA
versus
MUGODHI APOSTOLIC FAITH CHURCH
and
THE MESSENGER OF COURT – BINDURA
HIGH OF COURT OF ZIMBABWE
CHIKOWERO J
HARARE, 23 May 2018
Urgent Chamber Application
THE STATE
versus
EDSON MUKOHWA
and
PETER TABVIROONA
and
ELEMIGIO SHAMUYARIRA
and
KNOWELDGE MUKUKU
and
SIMBAI CHIDODO
and
CONRAD CHIPANGO
HIGH COURT OF ZIMBABWE
CHITAPI J
HARARE, 5, 6, 7, 8, 9, and 19 March 2018
Assessors 1. Mr Mhandu
2. Mr Mpofu
Criminal Trial: Application for Discharge at close of the State’s case
JOHN MAFUNGEI CHIKURA N.O.
DEPOSIT PROTECTION CORPORATION
(In his capacity as liquidator of Royal Bank Zimbabwe Limited)
versus
PETER SIMHANGA CHIKUMBA
and
NOMSA SIBUSISIWE YEHUDA
and
HARDWORK NJODZI PEMHIWA
and
MATTHEW CHAMUNORWA WAZARA
and
CHAKANYUKA GODFREY KARASE
and
SANDRA MICHELLE ROBERTS
and
ANDRIES CHRISTOFFEL KLOPPERS
and
JEFFREY MZWIMBI
and
DURAJADI SIMBA
HIGH COURT OF ZIMBABWE
CHIWESHE JP
CHITUNGWIZA MUNICIPALITY
versus
MAXWELL KARENYI
HIGH COURT OF ZIMBABWE
TAGU J
HARARE, 15 & 28 February 2018
Urgent Chamber Application for rei vindicatio
N Mugandiwa, for applicant
G Majirija, for respondent
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.
DISTRIBUTABLE (16)
1. SHORAI MAVIS NZARA 2. AAROLA TAKUDZWA TENDAI IDEHEN 3. AMOSEGE RUDO IDEHEN 4. OSARETIN TANAKA FEMI IDEHEN
v
1. CECILIA KASHUMBA N.O 2. THE REGISRAR OF DEEDS 3. MASTER OF THE HIGH COURT 4. TAFIRENYIKA KAMBARAMI
SUPREME COURT OF ZIMBABWE
BEFORE GARWE JA; GUVAVA JA; UCHENA JA
HARARE: JUNE 2, 2017 & MARCH 12, 2018
CONSTABLE DHLAKAMA M. 994695P
and
CONSTABLE KARIRIRA L. 991058L
versus
THE TRIAL OFFICER
and
THE COMMISIONER GENERAL OF POLICE
HIGH COURT OF ZIMBABWE
MWAYERA J
HARARE, 11 October 2017 and 13 March 2018
Opposed Matter
W. Mugiya, for the applicants
K. Chimiti, for the respondent
