The events in this matter may be deemed to be both tragic and traumatic.
The accused, a female juvenile is facing the charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Cap 9:23].
The charge is that on 1 April, 2021 at Nyevedzanai Village, Headman Madyangove, Chief in Masvingo the accused unlawfully and intentionally caused the death of Ruvarashe Mazhambe by throwing her and leaving her to drown in Tugwi River.
The accused’s age estimate as per exhibit 2 is given as 18 years. However during the course of the trial her Baby... More
Some two years ago, specifically on 26 March 2021 I dismissed applicant’s application for bail pending trial. I gave detailed reasons albeit ex-tempore.
On 8 June 2023 I received a letter from Mr Mudisi, counsel for applicant requesting written reasons for dismissing the application for bail pending trial. I now proceed to give the written reasons. More
At the commencement of the hearing of this matter which had 8 accused persons the State withdrew charges before plea in respect of accused 3 Ratidzo Ndambakuwa, accused 7 Robert Mungareka a juvenile aged 17 years and accused 8 Garikai Mungareka also a juvenile aged 15 years who was being assisted by his mother Agnes Mungareka. These proceedings are therefore in respect of the remaining 5 accused persons 2 of which are adult women, 2 are adult men and one juvenile Tellmore Mungareka aged 17 years. More
This review judgment has been occasioned by the rather incomprehensible conduct by the learned Provincial Magistrate based at Masvingo Magistrates Court. It is difficult to understand as to why the learned Provincial Magistrate with all his experience would conduct himself as a loose cannon. The baffling thing is why he decided not to follow simple, straightforward and clear instructions outlined in the Order granted by this court. What is unfortunate is that the learned Provincial Magistrate would want to make this court part of the patently injudicious antics. More
