JULIUS SHAMU

versus

THE STATE

HIGH COURT OF ZIMBABWE

CHIRAWU-MUGOMBA J

HARARE, 23, 24 and 25 July 2018.

Chamber Application

Application for condonation of late noting of appeal and for leave to Prosecute Appeal in Person

Applicant in Person

E. Nyazamba, for the respondent

            CHIRAWU-MUGOMBA J: This application was placed before me with the title  “Chamber application for condonation of late noting of appeal against both conviction and sentence”. However, it was much more than that as the draft order also sought leave to prosecute appeal in person. Nonetheless, the omission of the last part from the title of the application is not fatal.

          As stated by CHITAPI J in Mapfumo v The State [1]

“For the avoidance of doubt, in terms of s 36 of the High Court Act, [Chapter 7:06], a self-acting person does not have an automatic right to prosecute his appeal in person before the High Court unless a judge of the High Court grants such person a certificate to prosecute the same in person. For the avoidance of doubt, a self-acting convicted person is entitled to note an appeal in person. What he cannot do is to prosecute it or rather to appear before the High Court in person and argue his appeal unless a judge of the High Court has granted such person leave through a certificate issued for such purpose. A judge will only grant such certificate if he/she considers that the person appealing has “reasonable grounds for appeal”.