Bongani Mkhwananzi v The State

HB 53/21

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Case Details

Court

Bulawayo High Court

Date

25 March 2021

Citation

HB 53/21

Neutral Citation

[2021] ZWHB 53

Outcome

unknown

Case Type

Application

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA J

Areas of Law

Criminal ProcedureBail Law

Keywords

bail pending trialmurderflight riskpremeditationsection 115C Criminal Procedure and Evidence Act

Key Issues

{"issue_text":"Whether applicant has discharged the onus of showing that it is in the interests of justice to be released on bail pending trial","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant charged with premeditated murder; applicant evaded arrest for month; applicant attempted to escape arrest; strong prima facie case against applicant"}
{"issue_text":"Whether applicant constitutes a flight risk","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant evaded police for month; applicant attempted escape when arrested; applicant facing serious charges with lengthy sentence if convicted"}

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background

Facts of the Case

Background

The applicant, Bongani Mkhwananzi, applied for bail pending trial on a charge of murder. He is accused of being part of a group that allegedly murdered Remember Moyo on 16 January 2021, after being paid US$250 to kill him. The applicant denies the charges and claims mistaken identity. He was arrested on 19 February 2021 after allegedly evading police for a month.

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