HIGH COURT OF ZIMBABW
HARARE, 30 May 2018
M Chigwaza, for the applicant
E. Makoto, for the respondent
PHIRI J: This is an application for bail pending appeal.
The applicant was arraigned before the Chinhoyi Regional Magistrates Court for contravention of s 65 (1) of the Criminal Law Codification and Reform Act [Chapter 9:23] (Rape four counts).
The applicant pleaded not guilty to all four counts but was convicted to a total of 30 years imprisonment of which 5 years were suspended on certain conditions.
In an application for bail pending appeal the main consideration is whether there are prospects of success on appeal. See S v Dzawo 1988 (2) ZLR 536.
The State adduced evidence that the applicant had unlawful sexual intercourse with the complainant from the period extending from August to December, 2015 at farm 335 Msengezi.
In the first count the applicant testified that the applicant took advantage of the absence of her husband and entered her house, at night whilst he was holding a knife. He had unlawful sexual intercourse with her and threatened her with death.
On the other 3 occasions the applicant testified that she was way laid by the applicant who had unlawful sexual intercourse with her, without, her consent.
The court was satisfied that the complainant was a credible and reliable witness who gave a “detailed narration of events” that is not consistent with fabrication of evidence (see p 13 of the record).
The applicant was complainant’s nephew.