The State v Ngonidzashe Ncube

On 10 November 2025, the applicant was in bed with his girlfriend when the deceased (allegedly another suitor of the girlfriend) arrived around 0700 hours and knocked at the door calling out the girlfriend's name. The applicant invited his colleagues and directed them to assault the deceased. They assaulted the deceased who later succumbed to his injuries and died. After learning of the deceased's death, the applicant surrendered himself to police. The applicant was charged with murder under section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The applicant applied for bail pending trial.

• Whether exceptional circumstances existed to justify granting bail to an applicant charged with a scheduled offence (murder)
• Whether there was a likelihood that the applicant would abscond if released on bail
• Whether there was a risk that the applicant would interfere with witnesses if released on bail
• The proper balancing of the constitutional right to bail under section 50 of the Constitution against compelling reasons to deny bail
• The application of section 115C(2)(a)(ii) and section 117 of the Criminal Procedure and Evidence Act regarding bail for scheduled offences

Application for bail dismissed.

Where an applicant is charged with a scheduled offence (murder), the onus is on the applicant to prove on a balance of probabilities that exceptional circumstances exist to justify release on bail under section 115C(2)(a)(ii) of the CPEA. In determining whether to grant bail, the court must assess: (1) the strength of the State's case; (2) the likelihood of abscondment considering the nature and gravity of the offence, the likely penalty, and the applicant's ties to the community; and (3) the risk of witness interference, particularly where the key witness has a close relationship with the accused and investigations are incomplete. The proper administration of justice may require refusing bail even at the expense of the applicant's liberty and despite the presumption of innocence, where there are compelling indications that the applicant will not stand trial or will interfere with witnesses.

The court made observations about artisanal miners being 'known for their violence,' which contextualized the risk assessment but was not essential to the legal principle established. The court also noted that the bail system is not meant to punish an accused but to preserve the efficacy of the justice delivery system by preserving evidence, securing attendance at trial, and ensuring the administration of justice is not compromised. The court observed that the presumption of innocence 'pales into dimness juxtaposed with other compelling reasons aimed at the protection of the public and the due administration of justice.'

This case illustrates the Zimbabwean High Court's approach to bail applications for scheduled offences (murder), emphasizing that the constitutional right to bail must be balanced against the interests of justice, particularly where there is a strong State case, risk of witness interference, and likelihood of abscondment. The case demonstrates the heightened burden on applicants charged with scheduled offences to prove exceptional circumstances, and confirms that the presumption of innocence may be outweighed by compelling reasons related to the proper administration of justice. It also highlights relevant factors in assessing witness interference risk, particularly the proximity of relationships and the incomplete nature of investigations.