This matter was placed before me for review as far back as May 2018. Initially I had a problem in reading the trial magistrate’s hand writing and I requested that the record be transcribed. That was done in July 2018. More
The accused faces a charge of murder it being alleged that on the 17th of November 2016, at Ross Common Estate, Chimanimani, he, with actual intent or realizing the real risk or possibility of death, struck Bigboy Matsangaise with an iron bar on the head, face and body thereby inflicting injuries from which the said Bigboy Matsangaise died. He pleaded not guilty to the charge. More
The trial magistrate convicted the accused in this case for robbery as defined in section 126 of the Criminal Law (Codification and Reform) Act, [Cap9:23]. He sentenced the accused to 16 years imprisonment of which 4 years imprisonment were suspended on condition that the accused makes restitution through the clerk of court in favour of the complainant before a specified date. The trial magistrate thereafter realised that in passing the sentence, he had exceeded his sentencing jurisdiction set out in the Magistrates Court Act, [Cap 7: 10]. He then addressed correspondence to the registrar of this court in the following... More
“Much ado about nothing.”; “Storm in a tea cup.” One cannot find a better phrase to aptly describe the comedy of errors displayed by the National Prosecuting Authority and in particular its Acting Prosecutor General. An important and serious case involving a high ranking Government and Constitutional appointee in the stead of the Prosecutor General who is the head of the National Prosecuting Authority, albeit on suspension, was reduced to a huge fuss over a trifle. Incidentally William Shakespeare, the great English poet, play-writer and actor was the author of both comedies “Much ado about nothing” and “Comedy of errors.”... More
The accused pleaded not guilty to firstly a charge of murder as defined in section 47 of the Criminal Codification Reform Act in which it is alleged that on the 23rd of September 2011 at Chiadzwa Diamond Base, Marange, the accused with intent to kill or realizing that there was real risk or possibility that death may occur assaulted Tsorosai Kusena with several sticks all over his body thereby inflicting injuries from which the said Tsorosai Kusena died. Secondly, the accused pleaded not guilty to three charges of assault, as defined in section 89 of the Criminal Law Codification Reform... More
