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Bulawayo High Court

Jaison Max Kokerai Machaya and Chibururu Chisainyerwa v The State

HB 111/23

Case Details

Court
Bulawayo High Court
Date
15 June 2023
Citation
HB 111/23
Neutral Citation
[2023] ZWHB 111
Outcome
unknown
Case Type
Criminal Appeal

Bench

Presiding
Kabasa J
Full Bench
Kabasa JMoyo J
Areas of Law
Criminal LawPublic Office Abuse
Keywords
criminal abuse of dutypublic officerhousing standsfavouritismprocedural irregularities
Tags
criminal abuse of dutypublic officerhousing delivery programmecorruption
legislation
Statutes Cited
  • Criminal Law (Codification and Reform) Act
  • Criminal Law (Codification and Reform) Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the evidence proved beyond reasonable doubt that appellants committed criminal abuse of duty under section 174(1)","issue_type":"mixed","dispositive":"yes","related_facts":"Diversion of 1000 stands, failure to follow procedures, alleged favour to Striations"}
  • {"issue_text":"Whether the appellants intentionally acted contrary to their duties to show favour to Striations","issue_type":"mixed","dispositive":"yes","related_facts":"Meeting with Council officials, layout plan preparation, allocation to Striations"}
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background
Facts of the Case

Background

The two appellants, senior government officials, were convicted of criminal abuse of office for allegedly diverting 1000 housing stands meant for the Ministry of Local Government to a private company called Striations World Marketing, causing $900,000 prejudice to the State through irregular procedures.
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