S v Mlotshwa and others (Crim. Application 3 of 2026) [2026] ZWBHC 1 (2 January 2026)

S v Mlotshwa and others (Crim. Application 3 of 2026) [2026] ZWBHC 1 (2 January 2026)

The State's opposition to bail was not meaningfully presented or substantiated, and the only alleged link to the offence—a cell phone—was reasonably explained. The applicants are gainfully employed, have fixed abodes, and there is no evidence they would abscond or interfere with justice. The presumption of innocence and lack of cogent grounds for refusal justify granting bail with conditions.

Citation
[2026] ZWBHC 1
Parties
Applicant: Iphithule Mlotshwa; Applicant: Hamlet Mlotshwa; Applicant: Hawulezwe Mlotshwa; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
2 January 2026
Case Number
Crim. Application 3 of 2026
Procedural Posture
Criminal Bail Application / Bail Application Pending Trial
Outcome
bail granted
Legal Topics
Bail, Presumption of Innocence, Robbery, Pre Trial Detention
Source Language
English
Criminal Law Constitutional Law Bail Presumption of Innocence Robbery Pre Trial Detention

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Parties

Iphithule Mlotshwa

Applicant

Hamlet Mlotshwa

Applicant

Hawulezwe Mlotshwa

Applicant

The State

Respondent

Procedural Posture

Criminal Bail Application / Bail Application Pending Trial

Legal Issues

  1. 1 Whether the applicants should be granted bail pending trial
  2. 2 Whether the State's opposition to bail was substantiated

Ratio Decidendi

The State's opposition to bail was not meaningfully presented or substantiated, and the only alleged link to the offence—a cell phone—was reasonably explained. The applicants are gainfully employed, have fixed abodes, and there is no evidence they would abscond or interfere with justice. The presumption of innocence and lack of cogent grounds for refusal justify granting bail with conditions.

Court Disposition

bail granted

Orders

  • Each applicant is admitted to bail.
  • Each applicant to pay US$100.00 as bail recognizance, deposited with the Registrar High Court Bulawayo.