This matter came before me by way of automatic review. Having reflected at length, I am of the view that the conviction is not safe. This is despite that the accused pleaded guilty. More
The accused pleaded not guilty to a charge of contravening s 47 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The charge alleges that on 23 January 2007 and at Gwina Farm, Banket the accused, intending to kill Regina Kapere and or realizing that her conduct might cause death, stabbed Regina Kapere twice on the back with a knife causing her death. More
They were each sentenced to a fine of $2 000 000.00 or in default of payment 2 months imprisonment and the one hundred rands were forfeited to the State.
The penalty section requires that before making a forfeiture order the magistrate must make an enquiry into the existence or otherwise of special circumstances. If special circumstances are found then the trial magistrate may not order forfeiture. For instance if the money belongs to an innocent third party such foreign currency may not be forfeited. In this case the trial magistrate ordered forfeiture without first canvassing the existence or otherwise of... More
Anyway Pondo and Keith Matenena were charged with the offence of murdering 73 year old Langton Mandibvira. We discharged Keith Matenena the second accused at the close of the state case and gave reasons for our decision. The trial continued in respect of the 1st accused. This judgment therefore relates to the first accused, Anyway Pondo (hereinafter the accused). More
The test to be applied where the defence of provocation is raised to a charge of murder is this - Did the accused actually lose his self-control, and not necessarily his capacity to intend to kill? The second part of the test is for the court to ask itself whether, in the circumstances before it an ordinary man would have lost his self-control and acted as the accused did. Domestic violence is now supurating sore, a cancer on the fabric of our society and moral wellbeing. Both sexes have proved capable of taking away the life of a spouse or... More
