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
Andrew Tshuma, a male adult aged, 39, stands accused of the murder of his roommate Prince Guvheya over a trivial issue arising from accused’s lack of hygiene. He has been charged of contravening s47(1) of the Criminal Law Codification and reform Act, [Chapter 9:23], herein after, the Criminal Law Code. Initially there were three suspects but two where never arrested and are on the run. More
The accused and the deceased were husband and wife. They lived in Norton. The marriage had subsisted for 22 years at the time of the deceased’s demise. A marital dispute ensued with the accused alleging infidelity on the part of the deceased. As per cultural practice the deceased invited her uncle to mediate. An attempt to mediate seemed to yield some short lived reconciliation of about a day or two ending with the death of the deceased. On the 13th of July 2020 the uncle bade farewell. He was joined by the accused who wanted to proceed to Harare. They... More
