S v Ncube (CRB 6510 of 2001) [2004] ZWBHC 96 (30 June 2004)

S v Ncube (CRB 6510 of 2001) [2004] ZWBHC 96 (30 June 2004)

The need to safeguard the administration of justice outweighs the applicant's desire for a leisurely overseas visit; the risk of abscondment remains due to the seriousness of the charge and potential severity of punishment. Reporting conditions may be varied but the passport should not be released.

Citation
[2004] ZWBHC 96
Parties
Applicant: Fletcher Dulini Ncube; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
30 June 2004
Case Number
CRB 6510 of 2001
Procedural Posture
Bail Application / Application for Variation of Bail Conditions
Outcome
partly allowed, partly dismissed
Legal Topics
Bail, Variation of Bail Conditions, Passport Release, Reporting Conditions
Source Language
English
Criminal Law Procedure Bail Variation of Bail Conditions Passport Release Reporting Conditions

Case Brief

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Parties

Fletcher Dulini Ncube

Applicant

The State

Respondent

Procedural Posture

Bail Application / Application for Variation of Bail Conditions

Legal Issues

  1. 1 Whether the applicant's bail conditions should be varied to allow release of his passport for overseas travel
  2. 2 Whether reporting conditions should be varied

Ratio Decidendi

The need to safeguard the administration of justice outweighs the applicant's desire for a leisurely overseas visit; the risk of abscondment remains due to the seriousness of the charge and potential severity of punishment. Reporting conditions may be varied but the passport should not be released.

Court Disposition

partly allowed, partly dismissed

Orders

  • Application to uplift the passport is dismissed.
  • Application regarding reporting conditions succeeds and is varied: applicant to report once a month on every Monday of the first week of each month between 8.00am and 8.00pm at Hillside Police Station, Bulawayo.