SC 55-13 - MUTANDA v THE STATE & ANOTHER

FREDRICK CHARLES MUTANDA

v

     (1) THE STATE (2) KUDAKWASHE JARABINI

 

SUPREME COURT OF ZIMBABWE

MALABA DCJ, GARWE JA & GOWORA JA

HARARE, FEBRUARY 5 & DECEMBER 5, 2013

T Mpofu, for the appellant

S Fero, for the respondents

 

MALABA DCJ:    This is an appeal against the judgment of the High Court by which an application for review against the decision of the Magistrate’s court was dismissed and an order made that the judgment be referred to the Attorney General, Judicial Service Commission (JSC) and the Secretary of the Law Society of Zimbabwe.

At the hearing of the appeal Mr Mpofu who appeared for the appellant indicated that the appellant was not challenging the correctness of the decision dismissing the application for review of the Magistrate’s Court proceedings. He however, persisted with the grounds of appeal against para 2 of the court a quo‘s order, relating to the referral of the judgement to the bodies stated therein. The facts of the case are as follows.

The appellant and the second respondent were arrested on 26 November 2011 on allegations of fraud and theft relating to CAPS Holdings. The appellant was charged on his own with 3 counts of fraud as defined in s 136 of the Criminal Law Codification and Reform Act [Cap 9:23] (Criminal Law Codification & Reform Act) and two counts of theft as defined in s 113 of (Criminal law Codification and Reform) Act.  He was jointly charged with one Justice Mujaka on one count of fraud.

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