CaseNotes LogoCaseNotes
  • Home
  • Library
  • Research
  • Discussion Hub
  • Wiki
  • Latin Dictionary
  • Question Bank
  • Settings
S

Student

Student Account

South African Law • Jurisdictional Corpus
HomeLibraryResearchQuestionsSettings
Judicial Precedent
Ask AI

Jephias Mangisi v The State

CitationJudgment No. HB 80/13, Case No. HCB 18/13
JurisdictionZW
Area of Law
Criminal LawCriminal Procedure
Free account

Get the most out of this judgment

Create a free CaseNotes account to save this case, see how it's cited, get an AI summary, and search 10,000+ SA judgments.

Create free accountor sign in
Bail Law

Facts of the Case

The applicant was charged with murder in contravention of section 47 of the Criminal Law Codification and Reform Act [Chapter 9:23]. On 11 December 2012 at around 2000 hours at Stephen Runeta's homestead in Nkayi, the applicant went to the deceased's home armed with a spear. He forced open the door to the deceased's bedroom while the deceased was asleep. The applicant struck the deceased once on the lower side of the left breast with a spear and twice on the lower side of the right ear with a claw hammer. The deceased died instantly from the injuries sustained. The applicant then fled the scene. He was arrested on 27 December 2012 in Gwanda by police officers from ZRP Pumula, Bulawayo, aboard a South African bound Toyota Quantum omnibus. The applicant had paid the driver R1400 to be transported to South Africa. An informer had alerted the police to the applicant's whereabouts. The applicant had also assaulted the deceased's mother, Milia Ncube, with a hammer soon after committing the murder and was already serving a sentence at Nkayi Prison for this assault.

Legal Issues

  • Whether the applicant demonstrated on a balance of probabilities that he was a suitable candidate for bail pending trial
  • Whether the applicant posed a flight risk that would justify denial of bail
  • Whether the applicant's violent disposition and interference with witnesses warranted refusal of bail
  • Whether the applicant would evade the consequences of the law by absconding if granted bail

Judicial Outcome

The application for bail was dismissed.

Ratio Decidendi

Where an applicant for bail has demonstrated an actual willingness and determination to abscond from the jurisdiction (by attempting to flee to another country), courts will be slow to grant bail pending trial. The onus is on the applicant to prove on a balance of probabilities that good grounds exist for him to be granted bail and that if admitted to bail he will not attempt to evade the consequences of the law by absconding. The fact that an applicant was apprehended before successfully fleeing does not eliminate the demonstrated propensity to abscond, particularly where the apprehension was due to police action rather than the applicant's abandonment of the intention to flee. No cogent reasons having been advanced to show that the desire to abscond has evaporated, and the seriousness of the charge (murder) being taken into account, bail may be refused.

Obiter Dicta

The court observed that the applicant's violent disposition, as evidenced by his assault on the deceased's mother on the same date as the murder, was a factor that strengthened the view that he was unsuitable for bail. However, the court indicated that this factor alone would not have been sufficient to deny bail pending trial, but when taken in conjunction with the accused's attempt to abscond, it reinforced the conclusion that he was an unsuitable candidate for bail. The court also noted that the argument that the assault and murder constituted one criminal transaction did not detract from the evidence of the accused's violent disposition.

Legal Significance

This case illustrates the Zimbabwean courts' approach to bail applications where an accused has demonstrated an actual propensity to abscond from the jurisdiction. It reinforces the principle that where an applicant has shown a willingness and determination to flee, courts will be slow to grant or even consider bail pending trial. The case emphasizes that the onus is on the applicant to prove on a balance of probabilities that good grounds exist for bail, and that the applicant must demonstrate they will not evade the consequences of the law by absconding. It also highlights how multiple factors (flight risk combined with violent disposition and witness interference) may be considered cumulatively in assessing suitability for bail.

Cases Cited in This Judgment

  • Pretorius v Trustees of Ponders End Body Corporate and Earth Zone PropertiesCSOS 7586/GP/22 (Adjudication Order, 03 June 2024)
    Appeal From

    Makonese J dismissed the applicant's bail application. The court found that the applicant was a flight risk, having been arrested while attempting to flee to…

Practice This Case

Sign up to practise IRAC analysis, issue spotting, and argument building on this case.

Explore More Cases

More Criminal Law cases

  • Aaron Musiteyi v The StateHMT 2-21, B 09/21
  • Abdullah v The State(134/21) [2022] ZASCA 33 (31 March 2022)
  • Abduraghman Thebus and Moegamat Adams v The StateCase No: 338/2001
  • Abduraghman Thebus and Moegamat Adams v The StateCCT 36/02
  • Abel Mashingaidze v The StateHMA 58-22, CA 03-22, CRB MSVR 48-21 (High Court of Zimbabwe, Masvingo, 25 July 2022)
  • Abisha Charakupa v The StateHH 54-14, CA 185/13
  • Abraham James Wirima v The StateHH 875-15, CA 773/10, Ref Case No. CRB REG81/10
  • Abraham Spies and Christoffel Kritzinger v The StateCase No 18/99 (unreported Supreme Court of Appeal judgment dated 22 March 2000)

More Zimbabwe cases

  • (1) Douglas Tanyanyiwa (2) Douglas Warriors Football Club v Lawrence Bernard GwaradaCivil Appeal No. SC 150/11; Judgment No. SC 79/2014
  • (1) Elias Hwenga (2) Mercy Hwenga (3) Kenneth (4) Prince Nyemba (5) A. P. Phillip and Company (Private) Limited v FBC Bank LimitedJudgment No. SC 36/21, Civil Appeal No. SC 204/16
  • (1) Isador Husaiwevhu (2) Walter Mutowo (3) Fungai Zinyama v (1) UZ-UCSF Collaborative Research Programme (2) Sheriff of Zimbabwe N.O (3) High Court Registrar N.OJudgment No. SC 86/25, Civil Appeal No. SC 302/25
  • (1) Petros Makaza (2) Golden Nhika v The State and (1) Khumbuzo Gumbo (2) Sydney Ndachengedzwa v The StateCCZ 16/17 (Const. Application No. CCZ 5/13 and Const. Application No. CCZ 102/13)
  • 1. Tapera Sengweni v The Law Society of Zimbabwe 2. Augustine Runesu Chizikani v The Law Society of ZimbabweHH 706-19, LPDT 8/18 and LPDT 27/18
  • (1) Tungamirai Madzokere (2) Lazarus Maengahama (3) Stanford Maengahama (4) Phineous Nhatarikwa (5) Stanford Mangwiro (6) Yvonne Musarurwa (7) Rebecca Mafukeni v The State
SC 8/12; Civil Application No. 318/11
  • A. Adam and Company (Private) Limited & 2 Others v Good Living Real Estate (Private) LimitedSC 50/21; Civil Appeal No. SC 351/19
  • A. Adam and Company (Private) Limited and Others v Goodliving Real Estate (Private) LimitedSC 18/21; Civil Appeal No. SC 444/19