Itai Mungate and Lovermore Mlambo and Charles Rovani and Edmore Taruvinga and Felix Marisa and Edmore David v The State

HH 126-2010

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Case Details

Court

Harare High Court

Date

29 June 2010

Citation

HH 126-2010

Neutral Citation

[2010] ZWHH 126

Outcome

unknown

Case Type

Appeal

Bench

Presiding

BHUNU J

Full Bench

BHUNU J

Areas of Law

Criminal ProcedureBail Law

Keywords

bail appealunlawful prospectingMines and Minerals Actmandatory sentence

Key Issues

{"issue_text":"Whether the magistrate erred in denying bail when the State did not oppose it and there was no evidence that appellants would abscond","issue_type":"procedural","dispositive":"yes","related_facts":"State did not oppose bail; no evidence of flight risk"}

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Facts of the Case

Background

Six appellants were charged with unlawful prospecting without a valid licence under the Mines and Minerals Act. They appeared before a magistrate on 18 May 2010 where the State did not oppose bail, but the magistrate nevertheless denied bail on the basis that the offence carries a minimum mandatory sentence of 2 years imprisonment and the accused were likely to abscond.

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