Lyton Panashe Tshuma and Obvious Mawire v The State

The two applicants, aged 18 and 21 respectively, were artisanal miners residing in Kadoma and Gokwe. They were charged with murder allegedly committed on 31 August 2018 at a business centre in Kadoma. The deceased was killed following an argument. The applicants denied committing the offence and claimed they only learned the following day that a patron had died following an altercation involving their colleague. They were arrested in connection with a different matter (another murder on 28 December 2019) and were subsequently linked to the 2018 murder through a photograph taken at the scene. Witnesses reportedly saw them assault the deceased at approximately 02:30am for allegedly taking their girlfriend. The applicants had been on the run since 2018 and gave false or incomplete names to police when questioned. The Investigating Officer testified that she attempted to locate the second applicant at his rural address but was unable to find him. Both applicants were also facing charges in another murder case (B69/2020) for which they had already been denied bail.

• Whether the applicants should be granted bail pending trial in a murder case
• Whether the applicants pose a flight risk
• Whether the applicants pose a danger to the public if released on bail
• Whether there is a likelihood that the applicants would stand trial if granted bail

The application for bail pending trial by both applicants was dismissed.

In bail applications for serious offences like murder, bail may be refused where: (1) the applicants have demonstrated a pattern of evading law enforcement and being 'on the run'; (2) the applicants have provided false or incomplete information to police, indicating dishonesty; (3) the applicants face multiple serious charges demonstrating a propensity for violent crime; (4) there is a real risk that the applicants will not stand trial if released; and (5) there is a real risk that the applicants will commit further offences and endanger public safety. The likelihood that an applicant will stand trial is a key consideration in determining whether to grant bail.

The court observed that the applicants' connection to another murder case (B69/2020) evidenced their propensity for committing violent crimes, and noted that they had already been denied bail in that other matter. The court also noted that the Investigating Officer's inability to locate the second applicant at his stated rural address supported the finding that the applicants were 'always on the run'.

This case illustrates the application of bail principles in Zimbabwean criminal law, particularly in serious offences like murder. It demonstrates how courts weigh factors such as flight risk, propensity for violence (evidenced by multiple murder charges), dishonesty in dealings with law enforcement, and danger to public safety when determining bail applications. The case highlights that applicants who have evaded arrest, provided false information to police, and face multiple serious charges are unlikely to be granted bail regardless of their denials of guilt.