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Judge Pleads For Mercy After Releasing A ZESA Cable Thief

Judge Pleads For Mercy After Releasing A ZESA Cable Thief

High Court judge, Justice Webster Chinamhora pleaded for mercy in a matter where he is accused of releasing a cable thief who had been sentenced to 10 years last year.

This was after Judge President Mary Zimba Dube had pointed out that he erred in releasing the cable thief.

Chinamhora admitted that he made a serious mistake. He said:

Sitting in bail court on 8 October 2021, I made an order that, the applicant shall be released from prison custody unconditionally.

It is this order that I seek to set aside mero motu having since realised that I made the order in error, as the order is null and void as I will explain. This matter came before me as an application for bail pending appeal. The applicant had been convicted of contravening Section 60A of the Electricity Act [Chapter 13:19] and sentenced to 10 years imprisonment.

What I overlooked at the time is that the record had already come before the High Court and the proceedings had been confirmed to have been in accordance with real and substantial justice. I sincerely regret the grave oversight, which eventually led me to grant an order in error. I believed that the failure to inform that applicant of his right to legal representation entitled me to review the matter in terms of section 29 (4) of the High Court Act [Chapter 7:06],” he said.

Chinamhora said the order he gave was incompetent in that he did not seek the concurrence of another judge as required by Section 29(5)(b) of the High Court Act, adding that the basis of the order he granted was null and void.

He said he looked at the Criminal Procedure and Evidence Act for a provision which allows him to cancel the order granted on 8 October 2021, “but I have been unable to find it. As a result, I now turn to common law to see if it allows me to do so.”

Chinamhora asked for an order to be granted to nullify and set aside his earlier decision at the Registrar of the High Court for hearing the bail application.

 More: NewsDay

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22 Comments

Nimrod 1 month ago

it's not incompetence but corruption. Judge vakapihwa us$. zve kupa Mari judiciary officers is rampant in the provincial magistrates and why not higher up


Imwe Mbeu 1 month ago

Ngazviende, hatizvidi, hatizvidi, hatizvidi


Kopo 1 month ago

Ko vangadii vachitungamirirwa nechembere ana malaba


🚩 1 month ago

𝗥𝗲𝗱 𝗰𝗮𝗿𝗱 𝗳𝗼𝗿 𝘁𝗵𝗶𝘀 𝗰𝗼𝗿𝗿𝘂𝗽𝘁 𝗷𝘂𝗱𝗴𝗲. 𝗜𝗺𝗮𝗴𝗶𝗻𝗲 𝘁𝗵𝗲 𝗷𝘂𝗱𝗴𝗲 𝗵𝗮𝗻𝗱𝗹𝗶𝗻𝗴 𝗲𝗹𝗲𝗰𝘁𝗼𝗿𝗮𝗹 𝗺𝗮𝘁𝘁𝗲𝗿𝘀 𝘄𝗵𝗮𝘁 𝘄𝗼𝘂𝗹𝗱 𝗰𝗼𝗺𝗲 𝗼𝘂𝘁....𝗰𝗵𝗮𝗼𝘀.


dispenser 1 month ago

corruption, yu organise a fraudulent scheme to release e thief now that yu felt yu were dubbed , there for yu intend to punish.


chikiti.. musavengana 1 month ago

pakashanda bribe zvese ne medicene apa kkkk


Ghetto Yut 1 month ago

he was bribed fullstop


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Asalif 1 month ago

Case closed there comes a reliable source who knows the behavior of your Highness 😅😅


Machiavelli 1 month ago

PS. I also notice that @Mudhara Gunz has commented. Would I be correct in asking if the commentator @mudhara Gunz hails from Chief Chinamhora's area in Domboshawa?


Machiavelli 1 month ago

Webster Chinamhora is a corrupt person. Personally I was surprised when he was appointed a High Court judge.

His history as I know it was that at some point when he was a lawyer in private practice he was found guilty of some misdemeanor, involving misuse of clients finds and was struck off the register by the Law Society of Zimbabwe. He spent years as a private legal consultant spe****ing in Environmental Law. (During which time, He and I, personally attended a regional environmental law conference in Lusaka, Zambia in the late 1990s).

I was rather surprised in 2010 or thereabouts that I learned that he was now a High Court judge.

Stranger things have happened. But I am not surprised something like this has happened. I would speculate at the risk of my reputation that there must be something fishy with this judgement that doesn't ring true. And that is putting it mildly.


Mkanya 1 month ago

Corruption... The judge must be fired


ABSA 1 month ago

released from prison after sentenced to 10yrs ? the judge received a bribe to release this thief


icho 1 month ago

biological chemical weapon from chipinge inokurarisa pasi...ichi chenge chekumalawi ichi


Mmmm 1 month ago

Our judges are a disgrace, they lack wisdom.


Bounty hunter 1 month ago

Mero motu mmmmm zvorevei tibatsireiwo vanhu vakaita law dzacho..


mudhara Gunz 1 month ago

manje Soo


Jorijo 1 month ago

To eer is human


Advocate 1 month ago

Mero Motu kkkkkkk mavhoko mdara


doggystyle 1 month ago

vanhu vane chemical panze apa, kuto vhiringa judge kkkkkk


Asalif 1 month ago

Maybe he visited @Madzibaba Welly


6pac 1 month ago

Could be incompetence, bribe , or the judge's reason was beaten by goblins . Boy must have been going to Chipinge


Chimboti Pizza 1 month ago

Kurara pabasa, ngaende judge uyu kumba obva agarako nekusingapere



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