S v Micklethwait (CRB B 2673 of 2002) [2003] ZWHHC 3 (7 January 2003)

S v Micklethwait (CRB B 2673 of 2002) [2003] ZWHHC 3 (7 January 2003)

A bail condition that requires the accused to vacate his property or prohibits him from returning to it before conviction amounts to an unlawful eviction and offends the presumption of innocence. Such a condition is not permitted under the Land Acquisition Act and can only be imposed after conviction and a court order of eviction.

Citation
[2003] ZWHHC 3
Parties
Applicant: Anthony Bertram Micklethwait; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
7 January 2003
Case Number
CRB B 2673 of 2002
Procedural Posture
Criminal Bail Appeal / High Court Appeal From Magistrate's Bail Conditions
Outcome
Appeal allowed
Legal Topics
Bail, Eviction, Presumption of Innocence, Land Acquisition, Judicial Discretion
Source Language
English
Criminal Law Land Law Constitutional Law Bail Eviction Presumption of Innocence Land Acquisition Judicial Discretion

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Parties

Anthony Bertram Micklethwait

Applicant

The State

Respondent

Procedural Posture

Criminal Bail Appeal / High Court Appeal From Magistrate's Bail Conditions

Legal Issues

  1. 1 Whether a magistrate can impose a bail condition amounting to eviction before conviction for contravening s. 9(1)(b) of the Land Acquisition Act
  2. 2 Whether such a condition offends the presumption of innocence and is contrary to law

Ratio Decidendi

A bail condition that requires the accused to vacate his property or prohibits him from returning to it before conviction amounts to an unlawful eviction and offends the presumption of innocence. Such a condition is not permitted under the Land Acquisition Act and can only be imposed after conviction and a court order of eviction.

Court Disposition

Appeal allowed

Orders

  • The condition imposed by the magistrate that the appellant vacate Rodel Ranch and not visit it save under police escort or with approval of the Lands Committee is set aside.
  • It is replaced with the condition that the applicant shall reside on Rodel Ranch until the finalisation of his case.