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Harare High Court
THE STATE v HERBERT GOMBA, STANLEY NDEMERA, EMMANUEL MUTAMBIRWA and DANIEL USINGARAHWE
HH 05-24
Case Details
Court
Harare High Court
Date
10 January 2024
Citation
HH 05-24
Neutral Citation
[2024] ZWHH 5
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIKOWERO J
Full Bench
CHIKOWERO J
Areas of Law
Criminal LawAdministrative Law
Keywords
s 174(1)(a) Criminal Law Codes 152 Urban Councils Acts 49(3) Regional Town and Country Planning ActPublic officerDischarge at close of prosecution case
Tags
Criminal abuse of dutyPublic officersDischarge applicationPrima facie case
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
- Criminal Law (Codification & Reform) Act
- Urban Councils Act
- Regional Town and Country Planning Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether there is prima facie evidence that the accused persons committed the offence of criminal abuse of duty as public officers.","issue_type":"procedural","dispositive":"yes","related_facts":"All facts regarding the alleged sale of stands and non-compliance with statutes."}
- {"issue_text":"Whether the application for discharge at the close of the prosecution case should be granted.","issue_type":"procedural","dispositive":"yes","related_facts":"The evidence led by the prosecution."}
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background
Facts of the Case
Background
The accused persons, who were public officers employed by the City of Harare, are charged with criminal abuse of duty as public officers. They allegedly initiated the creation and sale of three commercial stands to three sister companies without complying with mandatory statutory provisions regarding the sale of council land and change of land reservation.
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