HH 299-21
CRB 2422/21
CRB 991/21
CRB 2281/81
FEBBIE MUKOTODZI
and
NYASHA JORDAN
and
RODRICK TICHAONA
versus
THE STATE
HIGH COURT OF ZIMBABWE
CHITAPI J
HARARE, 15 May 2021
Criminal Review
HH 274-21
CRB KADP 40/21
CRB KADP 104/21
CRB KADP 105/21
CRB CHK 4/21
CRB CHK 5/21
CRB KADP 22/21
CRB KADP 23/21
JESELINE MARE
and
NYASHA SHAVA
and
GOLDEN NYONI
and
WATSON KURUNETA BANDA
and
TAM SNAGA MAVHUNGA
and
JOHN TAVENGWA
and
JOHANE MUZENANGO
versus
THE STATE
HIGH COURT OF ZIMBABWE
CHITAPI J
HARARE, 29 May 2021 & 3 June 2021
Review Judgement
P
versus
D
HIGH COURT OF ZIMBABWE
CHITAKUNYE J
HARARE 29 May 2018 and 9 January 2019
Opposed Application-Special plea in bar
P. Dube for plaintiff
F Mahere for defendant
NONTOKOZO TACHIONA
Versus
BRIGHTON NDEBELE
and
ZIMBABWE UNION CONFERENCE OF THE
SEVENTH DAY ADVENTIST CHURCH
and
SOUTH ZIMBABWE CONFERENCE
OF THE SEVENTH DAY ADVENTIST CHURCH
and
BULAWAYO SEVENTH DAY ADVENTIST
CITY CENTRE CHURCH
HIGH COURT OF ZIMBABWE
MAKONESE J
BULAWAYO 29 JUNE 2018 AND 25 OCTOBER 2018
Opposed Application
THE STATE
Versus
WILLARD MUTYORAURI
IN THE HIGH COURT OF ZIMBABWE
TAKUVA J
BULAWAYO 31 OCTOBER & 1 NOVEMBER 2018
Review Judgment
TAKUVA J: This record was placed before me by the Registrar pursuant to a request by the Regional Magistrate Gokwe. Attached to the record of proceedings are the following comments by the Regional Magistrate
THE STATE
Versus
NOMORE HONDO
And
DANIEL MOYO
IN THE HIGH COURT OF ZIMBABWE
MAKONESE J
BULAWAYO 5 JULY 2018
Criminal Review
THE STATE
versus
X (A Juvenile)
HIGH COURT OF ZIMBABWE
MABHIKWA J
HARARE, 6 June 2018
Criminal Review
JOSHUA MASENDA
SEBASTIAN DUBE
BETTER KWENGI
MARTIN MAMUTSE
RUEBEN MOYO
ANDREW MATSHAZI
BENJAMIN TSHUMA
Versus
N. STIPINOVICH (PVT) LTD
ROZANNA STIPINOVICH
NATASHA STIPINOVICH
PHILLIPE STIPINOVICH
SVRNAM (PVT) LTD
ANGELO JOSEPH STIPINOVICH
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
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.
