S v Makamba (HH 38 of 2004) [2004] ZWHHC 38 (14 February 2004)

S v Makamba (HH 38 of 2004) [2004] ZWHHC 38 (14 February 2004)

The applicant was detained under section 32 of the Act as amended by the Regulations, which expressly prohibit any court from granting bail for the specified period for the offences charged. The Regulations lawfully override section 116 and the court lacks jurisdiction to grant bail.

Citation
[2004] ZWHHC 38
Parties
Applicant: James Makamba; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
14 February 2004
Case Number
HH 38 of 2004
Procedural Posture
Urgent Chamber Application for Bail / Ruling on Bail Application
Outcome
Application dismissed
Legal Topics
Bail, Exchange Control Offences, Presidential Powers, Jurisdiction
Source Language
English
Criminal Law Constitutional Law Bail Exchange Control Offences Presidential Powers Jurisdiction

Case Brief

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Parties

James Makamba

Applicant

The State

Respondent

Procedural Posture

Urgent Chamber Application for Bail / Ruling on Bail Application

Legal Issues

  1. 1 Whether the applicant was lawfully placed on remand under section 32 of the Criminal Procedure and Evidence Act as amended by the Presidential Powers (Temporary Measures) Regulations, 2004
  2. 2 Whether the court has jurisdiction to grant bail in light of the amended section 32
  3. 3 Whether the Regulations lawfully amended an Act of Parliament and override section 116 of the Act

Ratio Decidendi

The applicant was detained under section 32 of the Act as amended by the Regulations, which expressly prohibit any court from granting bail for the specified period for the offences charged. The Regulations lawfully override section 116 and the court lacks jurisdiction to grant bail.

Court Disposition

Application dismissed

Orders

  • Application for bail is dismissed