Gathry Chiredzero v The State

The applicant was arrested and charged with three counts: (1) possession of offensive weapons at a public gathering under s 43(2) of the Criminal Law (Codification and Reform) Act; (2) impersonating a public official under s 179(1); and (3) forgery under s 137(1)(a). On 4 December 2017, the applicant was spotted at Zimbabwe State House during a cabinet swearing-in ceremony near the podium, masquerading as a security agent. He allegedly gained entry using a fake CIO identity card. On 6 December 2017, during a ceremony at Josiah Magama Tongogara Barracks officiated by the President, the applicant and two accomplices presented themselves as CIO Close Security Unit officers. The applicant positioned himself near the podium where the President was speaking. When questioned by military personnel, he produced a fake CIO identity card. His accomplices fled. Upon search, he was found in possession of a .38 Special Amadeo Rossi revolver loaded with 3 live rounds and 2 spent cartridges, fake Zimbabwe Anti-Corruption Identity Card, and a fake metal driver's licence. The Magistrates Court denied bail, and the applicant appealed to the High Court.

• Whether the court a quo erred in refusing bail
• Whether the applicant had been over-detained contrary to s 50 of the Constitution
• Whether the court a quo erred in finding the applicant to be a flight risk based on possession of fake documents
• Whether stringent bail conditions would suffice to secure the state's interests
• Whether there were compelling reasons justifying continued detention under s 50(1)(d) of the Constitution
• Whether exceptional circumstances existed under s 117 of the Criminal Procedure and Evidence Act showing release would disturb public order or security

The appeal against refusal to grant bail was dismissed.

Where an accused person is charged with serious offences involving possession of weapons and forged security credentials, and has twice positioned himself near the President at official state functions while impersonating security personnel, compelling reasons exist under s 50(1)(d) of the Constitution justifying continued detention. Such circumstances also constitute exceptional circumstances under s 117 of the Criminal Procedure and Evidence Act showing that release would likely disturb public order or security. In bail applications, the onus is on the applicant to place before the court factors which persuade the court to admit him to bail, and findings regarding flight risk or credibility in bail proceedings do not constitute a conviction as a bail application is not a trial per se.

The court observed that the applicant's explanation that he was "engaged as an informer" was not a good enough or reasonable explanation for his conduct. The court also noted that credibility findings by a lower court are hardly interfered with by an appeal court. The court commented that it was misplaced for the appellant to submit that the lower court's finding on the possibility of the appellant being a flight risk "amounted to a conviction."

This case is significant in Zimbabwean criminal law and constitutional jurisprudence as it demonstrates the court's approach to bail applications involving serious security threats to high-ranking state officials, particularly the President. It illustrates how courts balance constitutional rights to bail under s 50 of the Constitution against compelling reasons for detention and public order considerations under s 117 of the Criminal Procedure and Evidence Act. The case establishes that where an accused is found in possession of weapons and forged security credentials in close proximity to the President at official functions, this constitutes exceptional circumstances justifying denial of bail on grounds of public order and security. The judgment also clarifies that findings in bail proceedings regarding flight risk do not constitute a conviction, and that the onus remains on the applicant to satisfy the court that bail should be granted.