The accused was, together with his co-accused, and on 6th March 2012, properly charged with and convicted of two counts of stock theftin contravention of s 114 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].Thereafter, the record takes a nightmarish turn. More
The accused is charged with the crime of murder as defined in s 47 of the Criminal Law (Codification & Reform) Act, [Chapter 9:23]. The accused pleaded not guilty to the allegations that on 23 October, he unlawfully caused the death of Modester Chikaka by pouring paraffin over her body and setting her alight with the result that Modester Chikaka suffered severe burns all over her body which is turn led to her death of 26 October, 2011. More
The accused was charged with contravening s 47 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He tendered a plea of not guilty.
The facts are that the deceased was the accused’s daughter and she was aged seven years. Between 21 and 23 September 2011 the accused assaulted the deceased with a bamboo stick. The deceased sustained injuries which the accused treated using some herbs. The deceased succumbed to the injuries on 28 September 2011. The post-mortem report noted that the deceased had cuts, grazes and bruises all over the body, with internal bleeding. The cause of death... More
This matter was referred for review by the court a quo with the following comments:
“This matter came before me for trial denovo on the 4th of July 2016. The matter was being dealt with by my brother magistrate Mr E Makomo, who recused himself at the close of the state case because of reasons contained of record. The legal practitioners of the accused argued that I could not deal with the trial without the proceedings of my brother magistrate being set aside by the High Court. More
