Published: 41 mins ago

The High Court has granted local businessman Tinaapi Nyawo bail pending appeal against his three-year prison sentence for fraud, a conviction originally handed down by former regional magistrate Clever Tsikwa.

Nyawo was convicted of defrauding a US$65,000 motor vehicle and sentenced to five years in jail, with two years suspended, resulting in a final effective sentence of three years. The sentence was delivered just two days after Tsikwa's elevation to Judge of the Labour Court.

Represented by Admire Rubaya, Nyawo argued that his appeal had strong prospects because Tsikwa lacked jurisdiction to deliver the sentence. The application contends that once Tsikwa's appointment as Labour Court Judge was officially published in the Government Gazette on July 2, 2025, he became functus officio, losing authority over cases pending in his former capacity as Regional Magistrate.

"Justice Tsikwa could not validly discharge the functions of a Magistrate relating to the Applicant's criminal matter. Once a Magistrate resigns, even consequent to appointment to a higher office, he becomes functus officio, loses jurisdiction, and the proceedings before him become a nullity," the application reads.

Rubaya further argued that the subsequent involvement of Magistrate Chakanyuka in taking over the sentencing process was also invalid, constituting an abuse of duty. He maintained that the proceedings should have started afresh before a new judicial officer once Tsikwa assumed his higher office.

"Justice Tsikwa prepared the verdict even though he was now a Judge, which on its own is a judicial impurity. For Magistrate Chakanyuka to take over proceedings and sentence the applicant based on that verdict is grossly irregular," Rubaya argued.

He also contended that Section 334(7) of the Criminal Procedure and Evidence Act (CPEA) was misapplied by the court, as it did not validate sentencing under these circumstances.

Justice Happias Zhou granted Nyawo bail of US$300, stipulating that he must remain at his registered address and report to the police once a month while awaiting the outcome of his appeal.
- online

You might also want to read this

• Judge raps Zimparks
• Zim judges, generals and post-coup dynamics
• Judge sues UN official over defamation