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Bulawayo High Court

Jaison Max Kokerai Machaya v The State

HB 36/21

Case Details

Court
Bulawayo High Court
Date
9 March 2021
Citation
HB 36/21
Neutral Citation
[2021] ZWHB 36
Outcome
unknown
Case Type
Application

Bench

Presiding
Dube-Banda J
Full Bench
Dube-Banda J
Areas of Law
Criminal ProcedureBail ApplicationsPublic Office Abuse
Keywords
bail pending appealcriminal abuse of dutypublic officerssection 121 CPEAChiyangwa case
Tags
bail pending appealcriminal abuse of dutypublic officersleave to appeal
legislation
Statutes Cited
  • Criminal Procedure and Evidence Act
  • Criminal Law (Codification and Reform) Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether an applicant has a right of appeal to the Supreme Court against a High Court order refusing bail pending appeal when sitting as an appeal court from a magistrate's decision","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant applied for bail in magistrates' court, was refused, appealed to High Court which dismissed the appeal"}
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background
Facts of the Case

Background

The applicant, a public officer, was convicted of criminal abuse of duty for diverting council stands allocated to the Ministry of Local Government to Striations World Marketing Company. He applied for bail pending appeal against both conviction and sentence, which was refused by the High Court. He now seeks leave to appeal to the Supreme Court against the refusal of bail pending appeal.
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