Zimbabwe Criminal Defense Manual - Appeals against decisions of High Court

Appealable Decisions

The following appeals against decisions of the High Court are heard by the Supreme Court:

• Appeals against conviction and sentence or conviction or sentence in cases first tried in the High Court;
• Further appeals against decisions of the High Court on appeal against sentences imposed in the magistrates courts, where the appellants are dissatisfied with the appeal decisions in the High Court.
• Appeals against decisions of the High Court in regard to applications made to the High Court to review the proceedings in the magistrates court on the grounds of irregularities. There is, however, no right of appeal against decisions taken by High Court judges on automatic review of the proceedings.

Leave to Appeal

In some instances the leave (permission) of the High Court to appeal is required before the case can be taken on appeal to the Supreme Court: s 44 High Court Act, 1981. Where the High Court refuses to grant leave to appeal, the appellant is entitled to apply to a Supreme Court judge for leave to appeal.

Leave to Appeal not required

Leave to appeal is not required if:

• the appeal is against conviction on any ground of appeal which involves a question of law alone (Where the appeal was brought on the ground of law alone but it turns out on appeal that the appeal involves a question of mixed fact and law, the Supreme Court can grant leave to the appellant to proceed without the appellant first having to obtain leave from the High Court);
• the High Court imposed the death sentence and the appeal is against conviction or sentence or both;
• where the sentence for the offence is fixed by law and the appeal is on the ground that the sentence passed was not the sentence fixed by law in respect of the offence of which the appellant was convicted.

Leave to Appeal Required

Leave to appeal must be obtained if:

• the appeal is against conviction on any ground of appeal which involves a question of fact alone or a question of mixed law and fact. (It involves a question of fact if the ground of appeal is that there was no evidence or insufficient evidence to justify a conviction);
• the appeal is against sentence (or a forfeiture order) where the sentence was not that of death and it was not fixed by law.

Grounds of Appeal

• Appealable decisions
• Leave to Appeal
• Leave to Appeal not required
• Leave to Appeal required
• Applications to High court for leave to appeal
• Withdrawal of concession by Attorney-General's representative that leave to appeal should be granted
• Application to Supreme Court for leave to appeal
• Criterion for deciding whether to grant leave to appeal
• Noting of appeal in Supreme Court
• Grounds of appeal

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See Zimbabwe Criminal Defense Manual