In this review judgment, I decided to write a single judgment since the same Magistrate dealt with the matter, the accused face the same offence and the same misdirection is evident from the proceedings. In sentencing the accused persons the learned Magistrate exceeded her jurisdiction.
Under case number CHN 1547/22 the accused was convicted on two counts of domestic violence in contravention of s4 as read with section 3 of the Domestic Violence Act (Chapter 5:16). On the first count he was sentenced to pay a fine of ZWL $50 000 in default of payment 3 months imprisonment. In addition... More
This matter proceeded as a stated case. The defence had brokered a limited plea which the State accepted. The plea bargaining reduced the charge of murder to culpable homicide. The court found the plea bargaining proper as the State did not have any eye witness to the offence. More
This is an automatic review matter brought in terms of s58 of the Magistrates Court Act, [Chapter 7:10] at the behest of the scrutinizing magistrate. There has been an apparent conflict in the interpretation of the concept of victim impact statement between the trial Magistrate and the scrutinizing magistrate. Both parties strongly maintain that their position is the most accurate even after exchanging notes. In view of those divergent views a brief over view on the concept is necessary. More
At the age of 15 a person is considered a child. Children at that age all things being equal are expected to be busy with their education in preparation for their future lives. It was not so for the accused who shall be referred to as X. He was so in love with a girl in their community, he was prepared to fight and kill for her. On 22 February 2022, the accused struck one Gift Kandumba with a half brick once on the head leading to his death for the simple reason that the deceased described the accused’s girlfriend... More
These records have not been processed as timeously as the court would have wanted to. It is trite that review matters should be accorded urgent attention. The court is also mindful of the adage that justice delayed is justice denied which is also a judiciary constitutional mandate. However, in the same breathe justice hurried is justice aborted. More
