Endnotes [1] For and on behalf of MISA – Zimbabwe, Tafadzwa Ralph Mugabe, LLBS (Hons) University of Zimbabwe, LLM (cum laude) University of Notre Dame, IP & ICT Counsel at Tafadzwa Ralph Mugabe|Legal Counsel 50 Lomagundi Road, Emerald Hill Harare trmugabe@trm.co.zw, www.trm.co.zw, +263775554408, +263242332613, +263242332614 [2] Section 57 of the Constitution of Zimbabwe, 2013 [3] Section 86 (1) of the Constitution supra [4] Section 86 (2) [5] Section 87 of the Constitution supra [6] Published and put into operation on 15th March 2002 (General Notice 116/2002) [7] Preamble to Access to Information and Protection of Privacy Act [Chapter 10:27] [8] Section 2 of the Access to Information and Protection of Privacy Act [9] Section 29 of the Access to Information and Protection of Privacy Act [10] Section 30 (1) paragraphs (a) and (b) of the Access to Information and Protection of Privacy Act [11] Section 30 (2) and (3) paragraphs (a) and (b) of the Access to Information and Protection of Privacy Act [12] Section 33 of the Access to Information and Protection of Privacy Act [13] Section 36 (a) and (b) of the Access to Information and Protection of Privacy Act [14] Section 37 (a) and (b) of the Access to Information and Protection of Privacy Act [15] See the reported cases of S v Chikanga SC- 93 -04; S v Matinyenya HH – 108 – 16; S v Stanley HH – 97 10; S v Thomas & Ors HB – 53 - 11; Sv Madunga & Anor HMA – 33 - 18; S v Tsvangirai HH – 169 - 04 [16] Sections 47 to 64 of the Criminal Procedure and evidence Act [Chapter 9:07] [17] See Section 12 of the Civil Evidence Act as read with Section 62 (1) of the Constitution and the Access to Information and Protection of Privacy Act [soon to be repealed] [18] Section 3 of the Act [19] Section 8 of the Act [20] THIRD SCHEDULE (Sections 32, 116 117(6) and 123) Offences in Respect of Which power to admit Persons to Bail is Excluded or Qualified Part I 1. Murder, where¾(a) it was planned or premeditated; or (b) the victim was¾ (i) a law enforcement officer or public prosecutor performing his or her functions as such, whether on duty or not, or a law enforcement officer or public prosecutor who was killed by virtue of his or her holding such a position; or (ii) a person who has given or was likely to give material evidence with reference to any offence referred to in the First Schedule; or (c) the death of the victim was caused by the accused in committing or attempting to commit or after having committed or having attempted to commit one of the following offences¾ (i) rape; or (ii) aggravated indecent assault; or (iii) robbery with aggravating circumstances; or (d) the offence was committed by a person, group of persons or syndicate acting in the execution or furtherance of a common purpose or conspiracy. 2. Rape or aggravated indecent assault¾ (a) when committed¾(i) in circumstances where the victim was raped or indecently assaulted more than once, whether by the accused or by any co-perpetrator or accomplice; or (ii) by