S v Pondo (B 754 of 2021; HH 218 of 2021) [2021] ZWHHC 218 (21 April 2021)

S v Pondo (B 754 of 2021; HH 218 of 2021) [2021] ZWHHC 218 (21 April 2021)

In the absence of appearance by the applicant or their legal practitioner at the bail hearing, and without a written agreement to extend the hearing date, the court is entitled to remove the matter from the roll and require leave of a judge for reinstatement, in order to maintain control and credibility of bail...

Source-derived case information.

Citation
[2021] ZWHHC 218
Parties
Applicant: Luckman Gunman Pondo; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
21 April 2021
Case Number
B 754 of 2021 ; HH 218 of 2021
Procedural Posture
Bail Application / Application in Default; Removal From Roll
Outcome
application removed from the roll; may not be reset without leave of a judge
Legal Topics
Bail, Court Procedure, Practice Directions, Default of Appearance
Source Language
english
Criminal Procedure Bail Court Procedure Practice Directions Default of Appearance

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Parties

Luckman Gunman Pondo

Applicant

The State

Respondent

Procedural Posture

Bail Application / Application in Default; Removal From Roll

Legal Issues

  1. 1 What is the proper procedure when an applicant or their legal practitioner fails to appear for a bail application hearing?
  2. 2 Can a bail application be removed from the roll or dismissed for want of prosecution in default of appearance?
  3. 3 Who controls the scheduling and resetting of bail applications?

Ratio Decidendi

In the absence of appearance by the applicant or their legal practitioner at the bail hearing, and without a written agreement to extend the hearing date, the court is entitled to remove the matter from the roll and require leave of a judge for reinstatement, in order to maintain control and credibility of bail proceedings.

Court Disposition

application removed from the roll; may not be reset without leave of a judge

Orders

  • Matter is removed from the roll.
  • Matter shall not be reset without leave of a judge.