S v Mafume (9 of 2021) [2021] ZWHHC 9 (15 January 2021)

S v Mafume (9 of 2021) [2021] ZWHHC 9 (15 January 2021)

The lower court grossly misdirected itself by refusing bail in the absence of evidence, even on a balance of probabilities, that the appellant interfered with the state witness. Allegations alone, without supporting evidence, do not meet the constitutional threshold for denying bail.

Citation
[2021] ZWHHC 9
Parties
Appellant: Jacob Mafume; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
15 January 2021 30 December 2021 15 January 2021
Case Number
9 of 2021
Procedural Posture
Criminal Appeal / Appeal Against Refusal to Grant Bail Pending Trial
Outcome
Appeal allowed; bail granted
Legal Topics
Bail, Interference With Witnesses, Presumption of Innocence, Judicial Discretion
Source Language
English
Criminal Law Constitutional Law Bail Interference With Witnesses Presumption of Innocence Judicial Discretion

Case Brief

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Parties

Jacob Mafume

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal to Grant Bail Pending Trial

Legal Issues

  1. 1 Whether the lower court misdirected itself in finding that the appellant interfered with a state witness on a balance of probabilities
  2. 2 Whether compelling reasons existed to deny bail under the Constitution
  3. 3 Whether the presumption of innocence was eroded by the lower court's approach

Ratio Decidendi

The lower court grossly misdirected itself by refusing bail in the absence of evidence, even on a balance of probabilities, that the appellant interfered with the state witness. Allegations alone, without supporting evidence, do not meet the constitutional threshold for denying bail.

Court Disposition

Appeal allowed; bail granted

Orders

  • The appeal against the refusal of bail is allowed.
  • The decision of the Magistrates Court refusing bail is set aside.