Clayton Mabasa Hunda, (hereinafter called “the accused”) appeared before us charged with the crime of murder in contravention of s 47(1), of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations against him are that on 8 November 2021 and at 34 Rolf Avenue, Harare he unlawfully and with the intent to kill or realizing that there was a real risk or possibility that such conduct may cause death but continuing to engage in such conduct despite the risk assaulted Janet Pongolani (hereinafter “the deceased”) several times all over the body with open hands and fists. The deceased... More
The accused was convicted on 4 counts of unlawful entry into premises as defined in s 131(1) as read with (2) (e) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] by the learned trial magistrate sitting at Chivhu Magistrates Court on 9 June 2021. The accused was sentenced on all counts taken as one to 48 months imprisonment with 10 months of that sentence suspended for 5 years on the usual terms of good behaviour. A further 7 months were suspended on conditions of restitution of varying amounts of money to three of the complainants. The effective imprisonment... More
The record of the proceedings in which Cleopas Chizhanje (the convicted person) was convicted and sentenced on his own plea was place before me for review. It is not reviewable. Most of the documents and the record of proceedings which should be in it are missing. More
: “I will beat you until you are healed of your epilepsy!” Those words were the crude statement that the deceased told the accused who indeed is an epilepsy patient. It is not always easy to achieve emotional distance in the face of such extreme provocation. Whether he was under the influence of illicit alcohol or some other substance the provocateur who became the deceased in this murder used unrestrained language to mock the accused. He got killed in the end.
The prosecution alleged that on 30 January 2022 at Gazaland Shopping centre, in Harare, Cleopas Kumire (the accused) unlawfully... More
All the three matters were dealt with by the same senior magistrate atChiredzi Magistrates Court after which they were referred to this court for automatic review.
I have decided to deal with all the three matters in a single review judgment in view of the fact that the charge involved in all the matters is the same, and the misdirection on the part of the trial magistrate is evident and common to all the three matters.
In all the three matters the accused persons were duly convicted after pleading guilty to contravening s 89 (1)(a) of the Criminal Law (Codification... More
