S v Chikumba (B 532 of 2015; REF CA 344 of 2015) [2015] ZWHHC 724 (9 September 2015)

S v Chikumba (B 532 of 2015; REF CA 344 of 2015) [2015] ZWHHC 724 (9 September 2015)

The applicant was not a public officer as defined by the Criminal Code, and the discovery of this fact after the first bail application constitutes changed circumstances. The applicant's appeal is free from predictable failure, and he is not a flight risk. He is therefore entitled to bail pending appeal.

Citation
[2015] ZWHHC 724
Parties
Applicant: Peter Chikumba; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
9 September 2015
Case Number
B 532 of 2015 ; REF CA 344 of 2015
Procedural Posture
Criminal Appeal – Bail Pending Appeal / Second Application for Bail Pending Appeal After Conviction and Sentence
Outcome
Bail pending appeal granted
Legal Topics
Bail Pending Appeal, Public Officer Definition, Changed Circumstances, Procurement Offences
Source Language
English
Criminal Law Criminal Procedure Bail Pending Appeal Public Officer Definition Changed Circumstances Procurement Offences

Case Brief

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Parties

Peter Chikumba

Applicant

The State

Respondent

Procedural Posture

Criminal Appeal – Bail Pending Appeal / Second Application for Bail Pending Appeal After Conviction and Sentence

Legal Issues

  1. 1 Whether the applicant was a public officer as envisaged by s 174(1)(a) of the Criminal Law (Codification and Reform) Act
  2. 2 Whether the discovery of the applicant's status constitutes changed circumstances justifying a second bail application
  3. 3 Whether the applicant has prospects of success on appeal

Ratio Decidendi

The applicant was not a public officer as defined by the Criminal Code, and the discovery of this fact after the first bail application constitutes changed circumstances. The applicant's appeal is free from predictable failure, and he is not a flight risk. He is therefore entitled to bail pending appeal.

Court Disposition

Bail pending appeal granted

Orders

  • The applicant is admitted to bail pending appeal.
  • The applicant shall deposit bail in the sum of two thousand dollars (USD2,000.00) with the Clerk of Court at Harare Magistrate’s Court.