S v MHARAPARA 1985 (2) ZLR 211 (S)

Flynote

International law — jurisdiction of Zimbabwean courts in respect of criminal offences committed outside of Zimbabwe.

Headnote

Appellant was charged with the theft of the equivalent in Belgian francs of Z$30 499,82 whilst he was based in Belgium and attached to the Zimbabwe Representative Mission. The theft was only discovered after the appellant had left Belgium and returned to Zimbabwe. On a charge of theft being put to the appellant on trial before the High Court of Zimbabwe, an exception to the charge was taken on the grounds that the Zimbabwean courts had no jurisdiction to deal with the matter. The exception having been dismissed, the appellant appealed.

Held that there is no justification for a rigid adherence to the principle that with the exception of treason only the common law crimes perpetratedwithin the borders of Zimbabwe are punishable. That principle is becoming decreasingly appropriate to the facts of international life. The inevitable consequence of the development of society along sophisticated lines and the growth of technology have led crimes to become more and more complex and their capacity for having victims even greater. A strict interpretation of the principle of territoriality could create injustice where the constituent elements of the crime occur in more than one state or where the locus criminis is fortuitous so far as the harm flowing from the crime is concerned. A more flexible and realistic approach based on the place of impact, or of intended impact, of the crime must be favoured.