S v Ncube and Anor (HB 1601 of 2002) [2002] ZWBHC 126 (23 October 2002)

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

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Parties

Khulekani Ncube

Applicant

Ngoneni Mafu

Applicant

The State

Respondent

Procedural Posture

Bail Application Pending Extradition / Judgment on Bail Application

  1. 1 Whether the applicants can be charged for armed robbery in Zimbabwean jurisdiction
  2. 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.