S v Maketo and Ors (HCB 12 of 2003) [2003] ZWBHC 77 (9 July 2003)

S v Maketo and Ors (HCB 12 of 2003) [2003] ZWBHC 77 (9 July 2003)

Joseph Nyoni was granted bail because the magistrate failed to appreciate that he was not involved in the more serious charges and the evidence against him was weak. The appeals of Maketo and Dube were dismissed as there was no misdirection by the magistrate and no material change in circumstances.

Citation
[2003] ZWBHC 77
Parties
Appellant: Benjamin Maketo; Appellant: Rowan Dube; Appellant: Joseph Nyoni; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
9 July 2003
Case Number
HCB 12 of 2003
Procedural Posture
Criminal / Bail Application Appeal
Outcome
Joseph Nyoni granted bail; Benjamin Maketo and Rowan Dube denied bail
Legal Topics
Bail, Prevention of Corruption, Obstruction of Justice
Source Language
English
Criminal Law Procedure Bail Prevention of Corruption Obstruction of Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Benjamin Maketo

Appellant

Rowan Dube

Appellant

Joseph Nyoni

Appellant

The State

Respondent

Procedural Posture

Criminal / Bail Application Appeal

Legal Issues

  1. 1 Whether the magistrate erred in refusing bail to the appellants
  2. 2 Whether there were material changes in circumstances justifying a new bail application

Ratio Decidendi

Joseph Nyoni was granted bail because the magistrate failed to appreciate that he was not involved in the more serious charges and the evidence against him was weak. The appeals of Maketo and Dube were dismissed as there was no misdirection by the magistrate and no material change in circumstances.

Court Disposition

Joseph Nyoni granted bail; Benjamin Maketo and Rowan Dube denied bail

Orders

  • Joseph Nyoni granted bail
  • Benjamin Maketo denied bail