S v Mushonga and 4 Others (46 of 2021) [2021] ZWMSVHC 46 (6 September 2021)

S v Mushonga and 4 Others (46 of 2021) [2021] ZWMSVHC 46 (6 September 2021)

There is no rational basis to differentiate between the applicants regarding bail; all share similar circumstances and attributes. The ends of justice are served by admitting all to bail under similar terms.

Citation
[2021] ZWMSVHC 46
Parties
Applicant: Tatenda Brit Mushonga; Applicant: Alfred Moyo; Applicant: Conwell Shumba; Applicant: Inos Joy Mika; Applicant: Blessmore Banda; Respondent: The State
Court
Masvingo High Court
Jurisdiction
Zimbabwe
Judgment Date
6 September 2021
Case Number
46 of 2021
Procedural Posture
Criminal / Bail Application
Outcome
bail granted
Legal Topics
Bail, Equality Before the Law, Theft, Interference With Telecommunications Infrastructure
Source Language
English
Criminal Law Bail Equality Before the Law Theft Interference With Telecommunications Infrastructure

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Parties

Tatenda Brit Mushonga

Applicant

Alfred Moyo

Applicant

Conwell Shumba

Applicant

Inos Joy Mika

Applicant

Blessmore Banda

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Application

Legal Issues

  1. 1 Whether the applicants should be admitted to bail pending trial
  2. 2 Whether there is justification to treat co-applicants differently regarding bail

Ratio Decidendi

There is no rational basis to differentiate between the applicants regarding bail; all share similar circumstances and attributes. The ends of justice are served by admitting all to bail under similar terms.

Court Disposition

bail granted

Orders

  • Applicants 1–4 admitted to bail on depositing ZWL$5,000 each, residing at specified addresses, not interfering with witnesses or investigations, and reporting weekly to police.
  • 5th applicant to abide by bail terms in B 185/21.