TUNGAMIRAI MADZOKERE and YVONNE MUSARURWA and LAST MAENGEHAMA versus THE STATE

Key Issues

• {"issue_text":"Whether the applicants have discharged the onus of showing it is in the interest of justice to grant bail pending appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Delay in applying for bail, likelihood of abscondment, prospects of success"}
• {"issue_text":"Whether the applicants are likely to abscond","issue_type":"fact","dispositive":"yes","related_facts":"5-month delay, co-accused absconded, changed circumstances after conviction"}
• {"issue_text":"Whether the applicants have reasonable prospects of success on appeal","issue_type":"law","dispositive":"yes","related_facts":"Challenge to common purpose doctrine, challenge to mandatory sentence"}
• {"issue_text":"Whether the common purpose doctrine is still part of Zimbabwean law","issue_type":"law","dispositive":"yes","related_facts":"Applicants' argument that it was repealed by Criminal Law Codification and Reform Act"}
• {"issue_text":"Whether mandatory sentences are constitutional","issue_type":"constitutional","dispositive":"no (not determined as not raised in lower court)","related_facts":"Applicants' challenge to 20-year mandatory sentence"}

Background