S v Mloyi (HB 123 of 2020; HCB 155 of 2020; XREF BYO P 974 of 2020) [2020] ZWBHC 123 (11 June 2020)

S v Mloyi (HB 123 of 2020; HCB 155 of 2020; XREF BYO P 974 of 2020) [2020] ZWBHC 123 (11 June 2020)

Section 50(1)(d) of the Constitution does not apply to bail applications after initial court appearance; section 50(4)(d) is the applicable provision. Over-detention beyond 48 hours before initial remand is unlawful but does not entitle an accused to automatic release after court appearance; remedy lies in civil law. Section 115C(2)(a)(i) of the CPA Act is constitutionally valid. Applicant is not a flight risk and has discharged the onus for bail; bail is granted with conditions.

Citation
[2020] ZWBHC 123
Parties
Applicant: Aggripa Mloyi; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
11 June 2020
Case Number
HB 123 of 2020 ; HCB 155 of 2020 ; XREF BYO P 974 of 2020
Procedural Posture
Criminal / Bail Application Pending Trial
Outcome
bail granted
Legal Topics
Bail Pending Trial, Armed Robbery, Constitutional Rights, Onus of Proof, Unlawful Detention
Source Language
English
Criminal Law Constitutional Law Bail Pending Trial Armed Robbery Constitutional Rights Onus of Proof Unlawful Detention

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Parties

Aggripa Mloyi

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application Pending Trial

Legal Issues

  1. 1 Whether section 50(1)(d) or section 50(4)(d) of the Constitution applies to bail applications after initial court appearance
  2. 2 Remedy for over-detention beyond 48 hours before initial remand
  3. 3 Constitutionality of section 115C(2)(a)(i) of the Criminal Procedure and Evidence Act regarding onus in bail applications

Ratio Decidendi

Section 50(1)(d) of the Constitution does not apply to bail applications after initial court appearance; section 50(4)(d) is the applicable provision. Over-detention beyond 48 hours before initial remand is unlawful but does not entitle an accused to automatic release after court appearance; remedy lies in civil law. Section 115C(2)(a)(i) of the CPA Act is constitutionally valid. Applicant is not a flight risk and has discharged the onus for bail; bail is granted with conditions.

Court Disposition

bail granted

Orders

  • Applicant to pay ZW$1000.00 to the Registrar of the High Court of Zimbabwe, Bulawayo.
  • Applicant to surrender passport to the Registrar of the High Court of Zimbabwe, Bulawayo.