S v Ncube and Anor (HB 1601 of 2002) [2002] ZWBHC 126 (23 October 2002)
Applicants failed to discharge the onus, on a balance of probability, that they are suitable candidates for bail as there is a real risk of abscondment and interference with evidence given the seriousness of the offence, attempted bribery, and their movement from South Africa to Zimbabwe after the offence.
- Citation
- [2002] ZWBHC 126
- Parties
- Applicant: Khulekani Ncube; Applicant: Ngoneni Mafu; Respondent: The State
- Court
- Bulawayo High Court
- Jurisdiction
- Zimbabwe
- Judgment Date
- 23 October 2002
- Case Number
- HB 1601 of 2002
- Procedural Posture
- Bail Application Pending Extradition / Judgment on Bail Application
- Outcome
- bail application dismissed
- Legal Topics
- Bail Pending Extradition, Jurisdiction, Armed Robbery, Interference With Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Khulekani Ncube
Applicant
Ngoneni Mafu
Applicant
The State
Respondent
Procedural Posture
Bail Application Pending Extradition / Judgment on Bail Application
Legal Issues
- 1 Whether the applicants can be charged for armed robbery in Zimbabwean jurisdiction
- 2 Whether bail pending extradition should be granted
Ratio Decidendi
Applicants failed to discharge the onus, on a balance of probability, that they are suitable candidates for bail as there is a real risk of abscondment and interference with evidence given the seriousness of the offence, attempted bribery, and their movement from South Africa to Zimbabwe after the offence.
Court Disposition
bail application dismissed
Orders
- Applicants' bail applications are dismissed.
Full Case Text
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