HH 203-18 INNOCENT KWENDA versus THE STATE

INNOCENT KWENDA

versus

THE STATE

 

 

HIGH COURT OF ZIMBABWE

CHITAPI J

HARARE, 28 June, 2017 and 11 April, 2018

 

 

Bail pending appeal

 

Applicant in person

T Mapfuwa, for State

 

            CHITAPI J: The applicant applied for bail pending appeal by application filed on 31 May, 2017. After several postponements, I determined the application and issued an order dismissing the same on 28 June, 2017. I endorsed on the reasons for dismissing the application that the applicant had no reasonable prospects of success against both conviction and sentence. The applicant therefore failed to discharge the onus imposed upon him to show on a balance of probabilities that his release on bail pending appeal was in the interests of justice.

            The record has been referred to me today and on perusal of numerous letters written by the applicant, I noted that on 6 July and 9 August, 2017 the applicant requested for my written reasons for dismissing his application. It is necessary therefore to set out the rest of the paper trail on record so that the court which deals with the subsequent application after my order of dismissal of the application appreciates the paper trail.

                On 20 December, 2017, the applicant filed a document headed “Special Request for a court order for Rapid Test : Request Form of Tariro Audry Chomutigidi in the case of State v Innocent Kwenda [CRB R 823/15] BAIL No. 672/17 Case No – 1030/15; Appeal No 68/15].” In this document, the applicant avers that my order of dismissal of his application was illogical because of irregularities which existed in the trial proceedings. He gave an example that the court should consider the medical affidavit on the HIV/AIDS status of the complainant. The applicant in the same document quoted s 66 of the Criminal Law Codification & Reform Act, [Chapter 9:23] as read with s 62 (2) of the Constitution of Zimbabwe 2013 and averred that he had a right to information held by any person to protect his rights. He stated in the document as follows:

 

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