State v Steady Bimha

### Preamble
1
CRB 397-19
HMA 42-20
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STATE

versus

STEADY BIMHA

HIGH COURT OF ZIMBABWE

ZISENGWE J

MASVINGO 28THAUGUST, 2020

Review

ZISENGWE J:

The Background

This record of criminal proceedings was referred to this court ostensibly in terms

of theMagistrates Court Act, [Chapter 7:10], the Magistrate being of the view that only the High Court has the power to bring into operation that portion of a sentence which it (i.e. High Court) suspended in a previous matter.

Although the matter was no placed before me as a review matter as such,

nonetheless decided to exercise the court’s powers conferred in terms of s 29(4) of the High Court Act [Chapter 7:06] to review the very decision to so refer the record in terms of s 55. The reason for this decision will soon become apparent.

The previous conviction

From the record of proceedings it is clear that in case number CRB MSVR 12/18

the accused was convicted in the Magistrates Court of the crime of rape and sentenced to 12 years’ imprisonment of which 2 years were conditionally suspended.

When that matter was submitted for review, the High Court reduced the sentenced

to 36 months’ imprisonment of which 12 months were suspended for 5 years on condition accused did not commit any offence of a sexual nature and the remaining 24 months were suspended on condition accused rendered 840 hours of unpaid community service.

The presentmatter

In the present case the accused was convicted by the Magistrate Court sitting at

Chivi of contravening s 70(1)(a) of the