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
Sibling tag teams are celebrated in sports like tennis, wrestling and football. Unfortunately they are also notorious in criminal enterprises. They become worse when brothers are alleged to have teamed up to cause the death of another person. That humans are mortal beings is unarguable but at times the way death comes about is unconscionable. The deceased in this case was celebrating Boxing Day in 2022 oblivious that it was the last he would enjoy. Prosecution alleges that he was attacked by the three accused persons Clever Mudzengerere, his sibling Trymore and their friend called Freddy Gireya. The reason why... More
The two accused persons appeared before the court of the provincial magistrate sitting at Masvingo. They faced two counts; first assault as defined in s 89 (1)(a) of the Criminal Law (Codification & Reform) Act [Cap 9:23] and second; malicious damage to property as defined in s 144 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The offences charged arise from the events which occurred at Plot 18 Southwill Farm, just outside Masvingo town on 7 June 2010. The two denied both charges. After a trial they were both convicted of both counts. More
