S v Ndemera (528 of 2023) [2023] ZWHHC 583 (19 September 2023)

S v Ndemera (528 of 2023) [2023] ZWHHC 583 (19 September 2023)

The applicant's intended appeal has no reasonable prospects of success as his admissions at trial established intentional criminal abuse of duty, the Standard Operating Procedure was not in force, the 2005 resolution requiring competitive bidding was not rescinded, and the sentence was justified by the seriousness of the offence and public interest. The application for leave to appeal is therefore dismissed.

Citation
[2023] ZWHHC 583
Parties
Applicant/second Accused: Stanley Ndemera; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
19 September 2023
Case Number
528 of 2023
Procedural Posture
Criminal / Application for Leave to Appeal Against Conviction and Sentence
Outcome
Application for leave to appeal dismissed
Legal Topics
Criminal Abuse of Office, Corruption, Procurement Irregularities, Sentencing, Leave to Appeal
Source Language
English
Criminal Law Public Procurement Local Government Law Criminal Abuse of Office Corruption Procurement Irregularities Sentencing Leave to Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 27 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Stanley Ndemera

Applicant/second Accused

The State

Respondent

Procedural Posture

Criminal / Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against conviction and sentence for criminal abuse of duty as a public officer
  2. 2 Whether the trial court erred in its findings of fact and law regarding the applicant's conduct and intention
  3. 3 Whether the sentence imposed was unduly harsh or inappropriate

Ratio Decidendi

The applicant's intended appeal has no reasonable prospects of success as his admissions at trial established intentional criminal abuse of duty, the Standard Operating Procedure was not in force, the 2005 resolution requiring competitive bidding was not rescinded, and the sentence was justified by the seriousness of the offence and public interest. The application for leave to appeal is therefore dismissed.

Court Disposition

Application for leave to appeal dismissed

Orders

  • The application is dismissed.