Christpher Dlodlo v The State

On 11 June 2022 at approximately 1630 hours, the applicant was stopped at a traffic enforcement roadblock at the corner of Cecil Avenue and Harare Road, Bulawayo. He was driving a Toyota Rejius motor vehicle, registration number ACW 2468. Upon inspection, he was found to be carrying passengers in a non-public service vehicle. He was advised he would be escorted to Queenspark Police Station to pay an admission of guilt fine. The applicant then produced cash amounting to 50 Rand and offered it to the police officer so that he could proceed with his journey. He was promptly arrested for bribery. The applicant admitted the offence, was convicted on 13 June 2020 on his own plea of guilty of bribery in contravention of section 170(1)(b) of the Criminal Law Codification and Reform Act (Chapter 9:23), and sentenced to 30 months imprisonment with 3 months suspended for 5 years on condition of good behaviour. He noted an appeal against sentence only and applied for bail pending appeal.

• Whether the applicant was a suitable candidate for bail pending appeal
• Whether there were reasonable prospects of success on appeal against sentence
• Whether the trial court misdirected itself in sentencing by failing to impose community service
• Whether the trial court over-emphasized the seriousness of the offence
• Whether the trial court paid insufficient attention to the applicant's mitigating and personal circumstances

The application for bail pending appeal was granted in terms of the Draft Order.

In applications for bail pending appeal, the court must assess: (a) the likelihood of the applicant absconding considering the sentence imposed; (b) the prospects of success on appeal; (c) the right of the individual to liberty; and (d) the likely delay before the appeal can be heard (per S v Williams 1980 ZLR 466 (SC)). Where there are reasonable prospects of success on appeal, no risk of abscondment, and a real possibility that the applicant would serve a substantial portion or the entire sentence before the appeal is heard, bail pending appeal should be granted. Each case involving corruption must be determined on its own merits.

Makonese J observed that while agreeing with the learned Magistrate that anything to do with corruption should be taken seriously, each individual case must be determined on its merits. This suggests that a blanket approach to corruption cases without proper individualized consideration would be inappropriate, even though corruption is a serious matter that undermines the police service's constitutional functions.

This case demonstrates the application of the Williams test for bail pending appeal in Zimbabwe, particularly in cases involving corruption offences. It illustrates that even where corruption is involved and must be taken seriously, each individual case must be determined on its merits. The case shows that bail pending appeal may be granted where there are reasonable prospects of success on appeal and where delay in hearing the appeal may result in the applicant serving the majority or entirety of the sentence before the appeal is heard, thereby rendering the appeal nugatory.