S v Ncube (HCB 39 of 2004) [2004] ZWBHC 20 (24 March 2004)

S v Ncube (HCB 39 of 2004) [2004] ZWBHC 20 (24 March 2004)

The application for variation of bail conditions should be placed before the trial judge, who is seized with the matter and privy to the evidence led, for proper determination.

Citation
[2004] ZWBHC 20
Parties
Applicant: Fletcher Dulini Ncube; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
24 March 2004
Case Number
HCB 39 of 2004
Procedural Posture
Criminal / Application for Variation of Bail Conditions Pending Trial
Outcome
Application referred to trial judge for determination
Legal Topics
Variation of Bail Conditions, Admissibility of Evidence, Trial Procedure
Source Language
English
Criminal Law Bail Variation of Bail Conditions Admissibility of Evidence Trial Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Fletcher Dulini Ncube

Applicant

The State

Respondent

Procedural Posture

Criminal / Application for Variation of Bail Conditions Pending Trial

Legal Issues

  1. 1 Whether the applicant's bail conditions should be varied to allow him to uplift his passport and travel overseas pending trial
  2. 2 Whether the collapse of the state's evidence at the trial-within-a-trial constitutes changed circumstances justifying variation of bail conditions

Ratio Decidendi

The application for variation of bail conditions should be placed before the trial judge, who is seized with the matter and privy to the evidence led, for proper determination.

Court Disposition

Application referred to trial judge for determination

Orders

  • Application to be placed before Mrs Justice Mungwira for determination