VIMBAI TANYANYIWA

versus

THE STATE

HIGH COURT OF ZIMBABWE

WAMAMBO J

HARARE, 4 July 2018

In Chambers

WAMAMBO J: The applicant applied through a chamber application for the reinstatement of her appeal.

The background to the matter is that applicant was convicted and sentenced following a trial at Harare Magistrates Court. She faced a charge of assault as defined in s 89 of the Criminal Law (Codification & Reform Act) [Chapter 9:23]. She was sentenced to 9 months imprisonment of which 6 months imprisonment were suspended on condition of good behavior while the remaining 3 months were suspended on condition of performing community service.

The sentence was handed down on 21 November 2017 while the notice of appeal was filed on 24 November 2017.

The Registrar in a letter dated 26 January 2018 wrote to applicant’s legal practitioners Venturas & Samukange, the same legal firm that had filed the notice of appeal on behalf of the applicant requesting for heads of argument to be filed within 15 days of receipt of the letter. The letter was received by Venturas & Samukange Law Firm on 8 February 2018

The applicant’s legal practitioners did not only not adhere to the timelines set but did not file heads of argument at all.

The Registrar in a letter dated 26 January 2018 wrote to the Clerk of Court, Harare Magistrate Court in the following words: