The concession by Ms Busvumani for the State at the close of the state case that the State had not been able to prove the charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Cap 9:23] is not only properly made at law but professional. After all the State witnesses had testified it was clear that a charge of murder was not sustainable in the circumstances. More
This matter proceeded on the basis of a statement of agreed facts after the accused who was facing the charge of murder as defined in s 47 (1) of the (Criminal Law Codification and Reform) Act [Cap 9:23] pleaded guilty to the charge of contravening section 49 of the same Act relating to the charge of culpable homicide. More
The issue in this matter which should have exercised the mind of the trial court is whether the sexual act between the accused and the complainant was consensual. While the learned Regional Magistrate properly identified this issue she seemed to have somehow allowed her mind to wander rather aimlessly and failed to properly analyse the evidence placed before her. The judgment by the learned Regional Magistrate is rather perfunctory. More
The issue which arises in this matter is a novel one to say the least.
This matter was referred to me by a Magistrate at Chiredzi for what is called “guidance”. I assumed that I am being requested to exercise my review powers as provided for in s 29(1) of the High Court Act, [Cap 7:06]. The background facts of the matter would be useful in the circumstances. More
