Following an application for bail pending appeal by Clive Ndlovu of Esigodini, Bulawayo High Court judge Justice Nicholas Mathonsi, criticised magistrates and prosecutors for continuously flooding superior courts with unwarranted cases coming on appeal in defiance of the High Court’s guidelines.
Esigodini magistrate Mr Lungile Ncube sentenced Ndlovu to an effective 12 months in jail for assaulting a local businessman he suspected of having an affair with his wife but Justice Mathonsi argued that even though Ncube settled for a term of imprisonment Ndlovu actually met the threshold for community service.
As such Justice Mathonsi ruled that there was misdirection on sentence and said magistrate did not make an inquiry into the suitability of community service for Ndlovu. Ndlovu was granted a $200 bail pending appeal after noting an appeal at the Bulawayo High Court citing the State as the respondent. He was ordered to report once a week at Esigodini Police Station and to reside at his given address until the matter is finalised as part of the bail conditions.
More: Chronicle
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