All the ingredients of marital infidelity, sheer brutality, extreme provocation and youthful naivety are present in this matter. This matter went through all the motions of a criminal trial up to its logical conclusion. The State seemed unprepared to accept the accused’s limited plea to a lesser charge. More
Both the then 32 year old accused and the 73 years old now deceased who are son and father respectively were residents of Mhazo Village, Chief Mazungunye, Bikita. The accused was the eldest surviving child of the now deceased who then had only three surviving children.
Apparently there was a simmering dispute in the family which borders on traditional beliefs and superstition.
The dispute was centred on the allegation that the now deceased had misused some beasts belonging to the accused’s late grandmother. As a result some misfortunes had befallen the family. After consulting some traditional healers it was said... More
The issue which arises in this matter is a novel one. This matter was referred to this court by the learned Provincial Magistrate for Masvingo under cover of a minute dated 20th July 2014. The said minute summarised the history of the matter and explained why the matter was being referred for review. In essence the learned Provincial Magistrate wanted to be advised whether this matter is a partly heard matter. Two of the Magistrates which had dealt with it had arrived at different conclusions. Further, the learned Provincial Magistrate inquired whether a fellow Magistrate could competently go against the... More
The accused was convicted in the Magistrates Court of the offence of concealing the birth of a child in contravention of s 106(1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (The Criminal Code). The charge that was preferred against the accused reads as follows:-
“In that on the 12th of August, 2019 and at Ziware Village, Chief Charumbira, Celia Tichagwa buried or disposed the body of a child with the intention of concealing the fact of the birth.” More
Before the commencement of this trial the accused raised all manner of issues which ultimately delayed the start of this trial. A brief discussion of those issues raised by the accused is necessary in order to appreciate why the accused ultimately opted to conduct his defence in person without either counsel of choice or pro deo counsel. More
