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Bulawayo High Court
Bongani Sibanda and 11 Others v The State
HB 11/19
Case Details
Court
Bulawayo High Court
Date
31 January 2019
Citation
HB 11/19
Neutral Citation
[2019] ZWHB 11
Outcome
unknown
Case Type
Application
Bench
Presiding
Makonese J
Full Bench
Makonese J
Areas of Law
Criminal procedureConstitutional lawBail law
Keywords
public violencebailsection 50 of Constitutioncompelling reasonscommon purpose
Tags
bail applicationpublic violenceconstitutional rights
legislation
Statutes Cited
- Constitution of Zimbabwe
- Criminal Law (Codification and Reform) Act
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether compelling reasons exist to deny bail to applicants charged with public violence","issue_type":"mixed","dispositive":"yes","related_facts":"Seriousness of charges, applicants' fixed abode, lack of evidence linking applicants to offences"}
- {"issue_text":"Whether state has established likelihood of abscondment or commission of further offences","issue_type":"law","dispositive":"yes","related_facts":"No evidence of applicants' propensity to abscond, state reliance on speculation"}
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background
Facts of the Case
Background
Twelve applicants arrested for alleged public violence during January 2019 "Shutdown Zimbabwe" protests in Gweru. They deny involvement, claiming arrest at their homes. State opposes bail citing seriousness of charges and likelihood of continued demonstrations.
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