THE STATE

versus

GODFREY GANDAWA

and

SHEPHERD HONZERI

and

NICHOLAS MAPUTE

HIGH COURT OF ZIMBABWE

CHITAPI J

HARARE, 21, 24, & 29 May 2018 and 6 July 2018

Assessors:        1. Mr Barwa

                        2. Mr Chimonyo

Ruling on application to quash and exception to charges

C. Chimbari with F. Zachariah, for the State

E.T Matinenga, for 1^st Accused

T. Nyakunika, for 2^nd Accused

N. Nkomo, for 3^rd Accused

CHITAPI J: In this application, counsel for the 1^st accused, Mr Matinenga filed a preliminary application to have the charges against the 1^st accused quashed. Counsel for the 3^rd accused subsequently advised that he had taken a cue from 1^st accused’s counsel and intended to file a similar application. Before I deal with the applications, I will briefly set out the background to this trial so that the trail of proceedings is not lost.

Background

            When the matter was called on 21 May, 2018, the indictment listed 5 accused persons as follows:

            ‘(a)       Godfrey Gandawa                              -           1^st Accused

            (b)        Jonathan Nathanial Moyo                   -           2^nd Accused

            (c)        Frederick Mandizvidza                       -           3^rd Accused