Solani Moyo and Innocent Ncube v The State

HB 153/20

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Case Details

Court

Bulawayo High Court

Date

6 July 2020

Citation

HB 153/20

Neutral Citation

[2020] ZWHB 153

Outcome

unknown

Case Type

Criminal Appeal

Bench

Presiding

Makonese J

Author

Kabasa J

Full Bench

Makonese JKabasa J

Areas of Law

Criminal LawPublic ViolenceEvidence

Keywords

public violencesection 36 Criminal Codepolitical violenceassaultPlumtreeMDC AllianceZANU PF

Key Issues

{"issue_text":"Whether the evidence proved the essential elements of public violence under section 36(1) of the Criminal Code","issue_type":"law","dispositive":"yes","related_facts":"Brief incident, no weapons, minor injuries, stopped by one person"}
{"issue_text":"Whether the court a quo erred in relying on accomplice witness evidence without caution","issue_type":"law","dispositive":"no","related_facts":"State witnesses were political opponents, evidence contradictory"}
{"issue_text":"Whether the incident constituted a serious disturbance of public peace","issue_type":"mixed","dispositive":"yes","related_facts":"Nature and duration of incident, motive, location, no serious injuries"}

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background

Facts of the Case

Background

The appellants, MDC Alliance supporters conducting a police-cleared campaign road show in Plumtree, confronted ZANU PF supporters conducting door-to-door campaigns. A brief physical altercation occurred where the first appellant allegedly struck a ZANU PF supporter twice with clenched fists, and the second appellant allegedly participated. They were convicted of public violence but appealed, arguing the incident did not meet the threshold for public violence.

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