S v Ndou & Anor (HB 103 of 2017; HCB 47 of 2017; XREF CRB ZVI 325 of 2017) [2017] ZWBHC 103 (27 April 2017)

S v Ndou & Anor (HB 103 of 2017; HCB 47 of 2017; XREF CRB ZVI 325 of 2017) [2017] ZWBHC 103 (27 April 2017)

Applicants failed to show exceptional circumstances justifying release on bail for a serious cross-border offence. The burden was on them under s115C, and their explanations were inadequate, with the State case being strong and risk of abscondment high.

Citation
[2017] ZWBHC 103
Parties
Applicant: Morris Ndou; Applicant: David Mashava; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
27 April 2017
Case Number
HB 103 of 2017 ; HCB 47 of 2017 ; XREF CRB ZVI 325 of 2017
Procedural Posture
Criminal / Bail Application Pending Trial
Outcome
application dismissed
Legal Topics
Bail, Burden of Proof, Theft, Smuggling
Source Language
English
Criminal Law Constitutional Law Bail Burden of Proof Theft Smuggling

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Parties

Morris Ndou

Applicant

David Mashava

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application Pending Trial

Legal Issues

  1. 1 Whether applicants are entitled to bail pending trial under the Constitution and amended Criminal Procedure and Evidence Act
  2. 2 Who bears the burden of proof in bail applications for serious offences

Ratio Decidendi

Applicants failed to show exceptional circumstances justifying release on bail for a serious cross-border offence. The burden was on them under s115C, and their explanations were inadequate, with the State case being strong and risk of abscondment high.

Court Disposition

application dismissed

Orders

  • Application for bail pending trial is dismissed.