On 1 November 2010 the accused and the deceased were drinking traditional beer at one Jestina Mutasa’s homestead at Munhungeyi Village, Chief Nhema, Zaka. The two had a misunderstanding which led the accused to fatally stab the deceased on the right side of the chest with an okhapi knife. More
The record of proceedings in this case is redolent of irregularities. These are they:
1. The accused was arraigned before a provincial magistrate (G.Gogo) sitting at Bikita facing a charge of contravening s 114 of the Criminal Law (Codification and Reform) Act, [Cap 9:23] on 27 September 2011, it being alleged that he had stolen two head of cattle. More
The respondents were placed on remand on charges of public violence as defined in s 36 of the Criminal Law (Codification and Reform) Act. [Cap 9:23]. The magistrate at Nyanga, before whom they appeared, admitted them all to bail under specified conditions. Counsel for the State then immediately advised the court a quo that the State intended to appeal against the decision in terms of s121 of the Criminal Procedure and Evidence Act. This is the appeal against the decision of the magistrate More
The accused is a 39 year old foreigner cherishing his domicile in Blantyre Malawi. On the night of 30 June 2013 he was driving a Volvo BUSSCAR bus registration number BS 358 which was towing a trailer registration number BR 9065 with 51 passengers on board, headed for Harare. At about 20.30 hours (both the charge sheet and the State outline are silent on the time of the day whether by design or oversight), at the 220 km peg he hit a black cow which had invaded the road from the right side and was in the middle of his... More
: The appellants were on their own pleas of guilty, each convicted of theft as defined in s 113(1)(b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. They were sentenced each to 36 months imprisonment of which 6 months imprisonment was suspended for 5 years on condition of good behaviour. They now appeal against sentence only. More
