The accused was arraigned before this court on allegations of contravening s 174 (1) of the Criminal Law (Codification and Reform) Act [Cap 9:23], that is to say, criminal abuse of duty as a public officer. In brief, the accused who was employed by the Municipality of Chitungwiza as a Director of Housing, Education and Community Services is alleged to have corruptly allocated various stands situate at the Town Centre in Chitungwiza for lease to individuals and organisations for commercial purposes without obtaining Council Resolutions, and without advertising such leases as required in terms of s 152 (2) of the... More
This is an application for the discharge of the accused at the close of the State Case in terms of s 198 of the Criminal Procedure and Evidence Act [Cap 9:07]. The accused stands charged with one count of fraud and another count of contravening s 5(1)(a)(1) of the Exchange Control Act [Cap 22:05] as read with s 4(1)(a) (ii) of the Exchange Control Regulations, 1996(S.I. 109 of 96).It is alleged in the first count that, between 1 February 2001 and 9 November 2002, the accused unlawfully and with intent to defraud, obtainedfrom one Yakub Ibrahim Mohammed (Mohammed) an amount... More
These two matters are dealt with at the same time because they both raise issues that emanate from the misapplication by the trial courts of the provisions of the Stock Theft Amendment Act 6 of 2004 which came into operation on 27 August 2004. More
On 11 March 2024, at around 2100 hours in Dengwa village, Chief Mukota in Mudzi, 35-year-old Tafadzwa Chimbangu (hereinafter referred to as "the deceased"), left his residence armed with an unidentified object, en route to the home of 74-year-old Joseph Chifamba (hereinafter referred to as "the accused"). Upon arrival, the deceased forcibly opened the bedroom door and pounced on the accused, who was sleeping on a reed mat. More
The record of proceedings in this matter has been placed before me on review in terms of s 59 of the Magistrates Court Act [Chapter 7:10]. The accused a 32 years old first offender pleaded guilty to two charges. In count 1, it was alleged that on 2 January, 2018, along Chivhu –Nyazura road, he drove a commuter omnibus without being the holder of a licence in contravention of s 6 (1) of the Road Traffic Act. [Chapter 13:11]. The charge should for clarity be framed as “contravening s 6 (1) as read with the proviso to s 6 (5)... More
