Chapupuka Gift v The State

The applicant was a member of the traditional Gure cult and was charged with murder. On 25 December 2013, during a performance at Mountain View Compound in Bindura, the deceased (also a cult member) allegedly unmasked himself in front of an audience, breaching cult rules. The applicant and his accomplice Tichaona Jacob subsequently assaulted the deceased as discipline. They were reported to police, arrested, and sentenced to community service by a magistrate. Seeking revenge, on 24 February 2014, the applicant and accomplice allegedly attacked and killed the deceased with an iron bar at Chakanaka bus stop, in the presence of the deceased's brother-in-law, Tawanda Kavhumbura. They forced Tawanda to help carry the body and staged a fake hit-and-run accident scene, threatening him with death if he reported them. The witness remained silent for 5 months due to fear, only reporting the murder on 24 June 2014, leading to the applicant's arrest.

• Whether bail should be granted to an applicant charged with murder
• Whether the applicant's release on bail would compromise the due administration of justice
• Whether the applicant demonstrated a propensity to interfere with witnesses

The application for bail pending trial was dismissed.

Courts will not grant bail where the release of an accused person on bail is likely to compromise the due administration of justice. An applicant's prior conduct showing witness intimidation, attempts to conceal crimes, and threatening behavior toward witnesses establishes that they are likely to interfere with justice if granted bail, warranting the dismissal of a bail application.

The court observed that the applicant's devious machinations in staging a fake accident and intimidating a witness for 5 months showed he had "no respect for the law at all." The court also noted that the applicant was "of a violent disposition" based on the pattern of conduct including the initial assault, the alleged murder motivated by revenge, and the subsequent intimidation of witnesses.

This case illustrates the Zimbabwean High Court's approach to bail applications in murder cases where there is evidence of witness intimidation and attempts to pervert the course of justice. It reinforces the principle that bail will be denied where an applicant's prior conduct demonstrates a likelihood of interfering with the administration of justice, particularly through witness intimidation and evidence tampering.