S v Kachigamba & Anor (B 215 of 2015) [2015] ZWHHC 358 (9 April 2015)

S v Kachigamba & Anor (B 215 of 2015) [2015] ZWHHC 358 (9 April 2015)

The appeal was improperly before the court as it was based on new facts not placed before the magistrate; the proper procedure is to make a fresh application before the magistrate based on those new facts.

Citation
[2015] ZWHHC 358
Parties
Appellant: Mike Kachigamba; Appellant: Marko Makambo; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
9 April 2015
Case Number
B 215 of 2015
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail Pending Trial
Outcome
appeal struck off the roll
Legal Topics
Bail, Burden of Proof, Right to Liberty, Judicial Duty to Unrepresented Accused, Appeal Procedure
Source Language
English
Criminal Law Constitutional Law Criminal Procedure Bail Burden of Proof Right to Liberty Judicial Duty to Unrepresented Accused Appeal Procedure

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Parties

Mike Kachigamba

Appellant

Marko Makambo

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail Pending Trial

Legal Issues

  1. 1 Whether the magistrate erred in refusing bail without calling for evidence or affording the unrepresented accused an opportunity to rebut the State's allegations
  2. 2 Whether new facts can be introduced for the first time on appeal in bail proceedings
  3. 3 Whether the presiding magistrate fulfilled the duty to assist unrepresented accused persons

Ratio Decidendi

The appeal was improperly before the court as it was based on new facts not placed before the magistrate; the proper procedure is to make a fresh application before the magistrate based on those new facts.

Court Disposition

appeal struck off the roll

Orders

  • The appeal is struck off the roll.
  • The matter is referred back to the magistrate’s court for bail consideration on the basis of new facts.