HIGH COURT OF ZIMBABWE
CHITAKUNYE & MUSAKWA JJ
HARARE, 13 July 2018
CHITAKUNYE J. The above case came to my attention through a Newspaper article headlined “Student Nurse jailed for using forged papers”. The article informed everyone who cared to read that a woman who used false documents to secure admission as a trainee nurse was jailed for 15 months.
My concern was with the effective jail term of 10 months for the nature of the offence alleged. I requested for the record of proceedings in terms of s 29 (4) of the High Court Act [Chapter 7:06] which states that:
“(4) Subject to rules of court, the powers conferred by subsections (1) and (2) may be exercised whenever it comes to the notice of the High Court or a judge of the High Court that any criminal proceedings of any inferior court or tribunal are not in accordance with real and substantial justice, notwithstanding that such proceedings are not the subject of an application to the High Court and have not been submitted to the High Court or the judge for review.”
When the record of proceedings was placed before me for review my view of the sentence was confirmed.
The facts were that:
The accused person in the above matter was charged with Fraud as defined in s 136 of
the Criminal Law (Codification and Reform) Act, [Chapter 9:23].
The allegations were that sometime in mid – May 2016 Parirenyatwa School of Nursing advertised in Newspapers that they were recruiting Trainee nurses and that the vacancies