This is an automatic appeal against both conviction and sentence. The appellant in this matter is a male adult who was convicted of murder with actual intent by the High Court sitting on circuit at Gweru on 17 September 2012. The charge related to the death of a minor child, Gamuchirai Mvumba who was merely three years old at the time of her demise. As a result, he was sentenced to death. At the hearing, the appeal was dismissed. The reasons for the order are set out hereunder. More
The appellant avers that on a date prior to 1 January 2018 it entered into an agreement with the respondent in terms of which the appellant agreed to sell tea products valued at USD 47 493.17 to the respondent for resale in Malawi. The appellant proceeded to deliver the tea products to the respondent in Malawi at 1220 Kenneth Kaunda Avenue, Blantyre, Malawi. For purposes of ensuring that such export delivery could be done, the appellant declared such exportation through CDI forms obtained from the Reserve Bank of Zimbabwe. The appellant was required by law to repatriate the export earnings... More
This is an application for condonation for the late filing of an appeal and for an extension of time within which to note an appeal. The application is made in terms of r 43 (1) and (3) of the Supreme Court Rules, 2018. More
This is an appeal against the judgment of the High Court Harare handed down on 21 November 2018 convicting the appellant of murder with actual intent as defined in s 47 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the “Act”) and sentencing him to death. The automatic appeal is against the sentence of death. After hearing submissions from counsel for both parties we with their consent dismissed the appellant’s appeal and indicated that reasons would follow in due course. These are they. More
The appellant and one Taurai Tsikudzawo (also sometimes spelt as Tsikuzawo in the record of proceedings) were charged with murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code). The allegations against them were that on the 7th of December 2010 and at around 2100hrs, the appellant and his co-accused, while pretending to be customers, entered Zemba Store, a shop belonging to one Alex Jomboro (the deceased) at Kandeya Township, Mt Darwin. The deceased was behind the counter when one of the accused persons jumped over the counter and demanded cash from... More
