S v Manjengwa & 2 Ors (B 1498 of 2020; HH 678 of 2020; Ref CRB 7924 of 2020; REF CRB 7925 of 2020; Ref CRB 7926 of 2020) [2020] ZWHHC 678 (30 October 2020)

S v Manjengwa & 2 Ors (B 1498 of 2020; HH 678 of 2020; Ref CRB 7924 of 2020; REF CRB 7925 of 2020; Ref CRB 7926 of 2020) [2020] ZWHHC 678 (30 October 2020)

The lower court misdirected itself by denying bail on the basis of a strong State case where the evidence was weak, the charge was defective, and there was no substantive evidence to treat the first appellant differently from his co-accused. New allegations raised for the first time on appeal cannot be considered without evidence.

Citation
[2020] ZWHHC 678
Parties
Appellant: Terrence Manjengwa; Appellant: Blessed Changara; Appellant: Barnabas Gura; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
30 October 2020
Case Number
B 1498 of 2020 ; HH 678 of 2020 ; Ref CRB 7924 of 2020 ; REF CRB 7925 of 2020 ; Ref CRB 7926 of 2020
Procedural Posture
Criminal Appeal / Ruling on Appeal Against Bail Refusal
Outcome
Appeal allowed; bail granted to first appellant
Legal Topics
Bail Pending Trial, Possession of Offensive Weapons, COVID 19 Lockdown Offences
Source Language
English
Criminal Law Bail Bail Pending Trial Possession of Offensive Weapons COVID 19 Lockdown Offences

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Terrence Manjengwa

Appellant

Blessed Changara

Appellant

Barnabas Gura

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Ruling on Appeal Against Bail Refusal

Legal Issues

  1. 1 Whether the lower court erred in refusing bail to the appellants
  2. 2 Whether the State case against the appellants was strong
  3. 3 Whether the charge was defective for lack of evidence of possession at a public gathering

Ratio Decidendi

The lower court misdirected itself by denying bail on the basis of a strong State case where the evidence was weak, the charge was defective, and there was no substantive evidence to treat the first appellant differently from his co-accused. New allegations raised for the first time on appeal cannot be considered without evidence.

Court Disposition

Appeal allowed; bail granted to first appellant

Orders

  • The decision of the Magistrate Court of 8 September 2020 denying the first appellant bail is set aside.
  • The first appellant is admitted to bail pending trial in CRB No. 7924/2020 on the following conditions: payment of ZW$5000.00 to the Clerk of Court, continued residence at 4028 Glen Norah A, Harare, non-interference with witnesses or investigations, reporting at Glen Norah Police station every Friday between 6am and...