HB 085-18 SERGEANT NHODZA R. 049759A versus THE TRIAL OFFICER and Anor

SERGEANT NHODZA R. 049759A

versus

THE TRIAL OFFICER (SUPERINTENDENT NDLOVU)

and

THE COMMISSIONER GENERAL OF POLICE

 

 

HIGH COURT OF ZIMBABWE

MOYO J

BULAWAYO 20 FEBRUARY 2018 AND 22 MARCH 2018

 

 

Opposed matter

 

R Ndou for the applicant

L Msika for the respondents

 

 

            MOYO J:       The applicant filed an application for review seeking an order to set aside the decision of the trial officer who convicted him and sentenced him on 2 February 2015.  At the hearing of this matter following a concession, I granted the order sought.  I now provide the reasons herein.

            The facts of the matter were that the applicant stopped a bus which carried some Zanu Pf delegates to a conference.  He required a permit for such a mission, which permit the driver did not have.  It is not clear from the facts for how long the bus was stopped.

            The charge sheet and the state outline are not part of the record of proceedings so it is not clear as to what exactly was the applicant’s offence.  However, from the testimony of the state witnesses it would appear as though the problem was why the applicant had stopped a bus carrying Zanu Pf delegates to a conference as if that fact meant that he should have let the bus go without stopping it.  It would appear as if that was the thrust of the state case.  This is gleaned from the testimony of Majayi Jengwa the bus driver who said that they thought that since their buses were escorting Zanu Pf delegates they were not liable to pay any fines.  This is at page 9 of the court record.  Even the bus driver was asked if he was happy with the way applicant had treated him and he said he was not happy although the applicant was doing his job.  It would thus appear as if the bone of contention was stopping a bus carrying Zanu Pf delegates and subjecting it to normal police checks and routines.  In his findings however, the trial officer correctly stated 

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