RONALD NGWERUME

AND

FERRIS SANDE

versus

THE STATE

HIGH COURT OF ZIMBABWE

HUNGWE & WAMAMBO JJ

HARARE, 22 March & 27 June 2018

Criminal Appeal

J Sithole, for the appellants

E Mavuto, for the respondent

            WAMAMBO J: The appellants were convicted of theft of a motor vehicle as defined in s 113 of the Criminal Law Codification and Reform Act [Chapter 9:23]. They were sentenced to four and half years imprisonment of which two years imprisonment were suspended on condition of good behaviour.

            They now appeal against both conviction and sentence. The grounds of appeal on conviction basically resolve around the analysis of the state witnesses’ evidence by the court a quo.

            The Prosecutor General’s representative filed a concession in terms of s 35 of the High Court Act [Chapter 7:06]. We do not agree with the concession.

            Appellants appeared before the court a quo charged with two co-accused. The facts are that appellants were employed at Autoworld where a motor vehicle a Chevrolet Captiva was stolen. The stolen motor vehicle was recovered some days after the theft abandoned at Spar, Greencroft now affixed with number plates that were illegally acquired.

            To prove its case the State called three witnesses namely P.J Davies, P de Klerk, both logistical assistants at Autoworld and I. Mhondiwa the investigating officer.