Following the passing of sentence in this case whose judgment is now unreported under case no HH 458/18, the accused’s counsel Mr Rubaya advised the court that he had instructions to make an application for leave to appeal. An application for leave to appeal is made in terms of order 34 of the High Court Civil Rules. The application by Mr Rubaya was being made pursuant to r 262 in terms of which the convict makes an oral application immediately after sentence for leave to appeal. The grounds for making the application should be stated and recorded as part of... More
: The accused pleaded not guilty to the charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [ Chapter 9:23] (the Criminal Law code). The deceased was her husband of 2 years and they had one child together. More
The accused was convicted by the Provincial Magistrate sitting at Kadoma on two charges. The first conviction was on a charge of stocktheft as defined in section 114 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] for stealing one cow. The other conviction was on charge of theft as defined in section 113 of the Criminal Law Code for stealing a plough and a board. The charge of stocktheft calls for a minimum mandatory sentence of nine years if there are no special circumstances. (See s 114 (2) e as read with subsection 3). Subsection 3 imposes the... More
Porinah Nyamayaro (the deceased), a septuagenarian lived in complete peace and relative comfort at her modest rural homestead. Ironically she died a violent death at the hands of an assailant who attacked her at night after she had disturbed him from stealing her property. Leeroy Mhunza (the accused), was apprehended on the same night that the deceased was assaulted and left for dead. He was charged with the crime of murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9: 23] (the Criminal Law Code). It was alleged that on 7 February 2022... More
A MARRIAGE MADE IN HELL! That certainly could be a perfect title for the tragic end to a tumultuous marriage which appeared doomed from the day the accused started showing signs of mental illness. On hindsight the tragedy could have been avoided. When lives are needlessly lost we all have a duty to remind the responsible public institutions of their duties. A stitch in time saves nine. A little education on mental health issues to the general public and relatives of those who live with people suffering from such conditions may be all it takes to prevent calamities. More
