Chadmore Chakaingesu (2) Trust Hapanyengwi (3) Ruka Biton (4) Mighty Nyon (5) Mitewell Moyo (6) Ishmael Zibula (7) Spencer Chigondo v The State

Key Issues

• {"issue_text":"Whether the court a quo erred in failing to find that the appellants were on active service","issue_type":"mixed","dispositive":"yes","related_facts":"Appellants claimed to be on standby duty following military protocols"}
• {"issue_text":"Whether the court a quo erred in finding the orders illegal and rejecting the defence of obedience to superior orders","issue_type":"law","dispositive":"yes","related_facts":"Appellants claimed they were trained to obey orders without questioning legality"}
• {"issue_text":"Whether the court a quo erred in applying the doctrine of common purpose","issue_type":"law","dispositive":"no","related_facts":"Appellants argued they acted collectively under orders"}
• {"issue_text":"Whether the sentences imposed were excessive","issue_type":"law","dispositive":"no","related_facts":"Sentences ranged from 25-35 years' imprisonment"}

Background