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Harare High Court

Tungamirai Madzokere and 28 Others v The State

HH 256-12

Case Details

Court
Harare High Court
Date
19 June 2012
Citation
HH 256-12
Neutral Citation
[2012] ZWHH 256
Outcome
unknown
Case Type
Application

Bench

Presiding
Bhunu J
Full Bench
Bhunu J
Areas of Law
Criminal ProcedureConstitutional LawBail Law
Keywords
BailSection 117(6)Exceptional circumstancesLaw enforcement officerBurden of proof
Tags
MurderPolice officerPublic violencePolitical violence
legislation
Statutes Cited
  • Criminal Procedure and Evidence Act
  • Criminal Procedure and Evidence Act
  • Criminal Law (Codification and Reform) Act
  • Criminal Law (Codification and Reform) Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the accused persons have established exceptional circumstances justifying their release on bail under Section 117(6) of the Criminal Procedure and Evidence Act","issue_type":"law","dispositive":"yes","related_facts":"The accused are charged with murdering a police officer and failed to adduce evidence of exceptional circumstances"}
  • {"issue_text":"Whether defence outlines constitute evidence for the purposes of a bail application under Section 117(6)","issue_type":"law","dispositive":"yes","related_facts":"The accused filed defence outlines but did not adduce further evidence"}
  • {"issue_text":"Whether the court should respond to public attacks made by defense counsel regarding the bail application","issue_type":"procedural","dispositive":"no","related_facts":"Mr. Kwaramba made public statements attacking the court and judiciary"}
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background
Facts of the Case

Background

Twenty-nine accused persons were in custody awaiting trial for the murder of a police officer during politically motivated violence. They applied for bail, but the State opposed based on Section 117(6) of the Criminal Procedure and Evidence Act, which requires accused persons in such cases to prove exceptional circumstances. The defense counsel, Mr. Kwaramba, publicly criticized the court in the press, leading to a judicial response regarding the legal requirements for bail.
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