S v DZVAIRO 2006 (1) ZLR 45 (S)

2006 (1) ZLR p45

Flynote

Criminal law (statutory offences) — Official Secrets Act [Chapter 11:09] — s 4(1)(d)(i) — essence of the offence — unauthorized disclosure of information obtained by official — motive for disclosure and prejudice to the State — irrelevance of

Criminal law (statutory offences) — Official Secrets Act [Chapter 11:09] — s 4(2) — communication of information prejudicial to Zimbabwe — communication of information which is already well known — such communication unlikely to prejudice the State — interest of the State as reflected in the policies of Government — anything which prejudices such policies is prejudicial to the State — "security of Zimbabwe" — meaning of — concept of very wide connotation — includes a broad range of matters embracing not just physical security but also the political economic and financial well being of the country

Criminal law (statutory offences) — Official Secrets Act [Chapter 11:09] — s 11 — Attorney-General's authority to prosecute — purpose of — authority given in respect of a contravention of s 4(2) but accused charged with contravening s 4(1) — whether proceedings vitiated — not every failure to comply with s 11 fatal

Criminal procedure — bail — application for bail after conviction — principles guiding such application — onus upon applicant to show why he should be granted bail — liberty of the individual must be balanced against the proper administration of justice.

Criminal procedure — plea — guilty — application to alter such plea to one of not guilty — principles guiding such application — accused must provide a reasonable explanation for change of plea — court should allow such application unless the explanation is positively false

Criminal procedure — plea — guilty — explanation of essential elements — consequences of failure to do so — whether failure grave enough to

2006 (1) ZLR p46

Patel J

invalidate trial — detailed and elaborate admissions made by the applicants in agreed statements of fact — failure to explain adequately the elements of the offences not vitiating proceedings