S v Makamba (HH 118 of 2004) [2004] ZWHHC 118 (18 May 2004)

S v Makamba (HH 118 of 2004) [2004] ZWHHC 118 (18 May 2004)

The risk of abscondment has substantially diminished due to the drastic reduction in the amounts involved and the applicant's voluntary partial repatriation. The ends of justice are unlikely to be prejudiced by granting bail, provided stringent conditions are imposed to ensure the applicant stands trial.

Citation
[2004] ZWHHC 118
Parties
Applicant: James Makamba; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
18 May 2004
Case Number
HH 118 of 2004
Procedural Posture
Bail Application / Ruling on Renewed Bail Application
Outcome
bail granted with stringent conditions
Legal Topics
Bail, Risk of Abscondment, Exchange Control Offences, Foreign Currency Externalisation
Source Language
English
Criminal Law Exchange Control Bail Risk of Abscondment Exchange Control Offences Foreign Currency Externalisation

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Parties

James Makamba

Applicant

The State

Respondent

Procedural Posture

Bail Application / Ruling on Renewed Bail Application

Legal Issues

  1. 1 Whether the applicant should be granted bail given the changed circumstances regarding the seriousness of the charges and amounts involved
  2. 2 Whether the risk of abscondment remains high in light of new evidence

Ratio Decidendi

The risk of abscondment has substantially diminished due to the drastic reduction in the amounts involved and the applicant's voluntary partial repatriation. The ends of justice are unlikely to be prejudiced by granting bail, provided stringent conditions are imposed to ensure the applicant stands trial.

Court Disposition

bail granted with stringent conditions

Orders

  • Applicant to deposit $50 million Zimbabwean dollars with the clerk of court at Rotten Row Magistrate’s Court, Harare.
  • Applicant to surrender title deeds for 8 Rowland Close Kambanji, Chisipite as recognisance in the amount of $500 million Zimbabwean dollars.