This is an application for leave to appeal against the respondent’s acquittal at the close of the state case. The applicant is the Prosecutor General of Zimbabwe. The application was filed in terms of section 61(b) of the Magistrate’s Court Act [Chapter 7:10]. An affidavit of one Blessing Gundani, a Principal Public Prosecutor, stationed at Tredgold Building, Bulawayo is used in support of the application. Again, in support of the application, applicant attached the charge sheet; outline of the state case, respondent’s defence outline; a copy of the proceedings from the magistrate’s court; a copy of the ruling from the... More
Before me is an interpleader application.
The background of the matter is that the judgment creditor obtained judgment against one Roger Madangure under BULAWAYO HC 1404/17. Pursuant to the said judgment the applicant attached various items listed on the Notice of Seizure and attachment - Annexure “C”. Annexure “C” lists the following property: -
- A black water tank
- A Mercedes Benz vehicle AAP 4499
- An FG Wilson Generator
- Eng Byo Mill
- Ingersoll Rand Compressor
- Scrap
- Weights
- Osborn Tel Swith with fan belt
- Gems table
- Gems table of complete mill
-... More
The accused was charged with the crime of murder in contravention of section 147 of the Code in that on 27 June 2018 at around 1500 hours, along a footpath at Sikhewu village under Chief Sikhobokhobo area of Nkayi, the accused unlawfully struck Sibusisiwe Sigauke several times on the head with a hoe handle and also stabbed her on the throat with a knife intending to kill her or realising that there is real risk or possibility that his conduct may cause death but nonetheless continued to engage in that conduct despite the risk or possibility.
In answer to the... More
This record was referred to me by the Acting Regional Magistrate Bulawayo with the following comment;
“Please place the above record before the Honourable Judge for direction.
Accused was facing 10 (ten) counts i.e 1 to 10 and he pleaded not guilty to all of them.
Trial was held in respect of count 1 and 2 and a verdict was entered. From count 3 to 10 no trial was held.
However the trial Magistrate proceeded and entered a verdict of not guilty and acquitted the accused.
May the Honourable Justice direct as to whether the proceedings were proper or not... More
The two accused persons appeared in this court facing a charge of murder as defined in section 47 of the Criminal Law (Codification and Reform) Act, Chapter 9:23. They were 23 and 19 years old respectively at the time of the commission of the offence. The deceased Nkosikhona Gumbo was 19 at the time he met his death..
It was alleged by the state that on 26 December 2018 at about 0200 hours the 1st accused met deceased in the vicinity of Mpumelelo General Dealer’s shop at Mathe Business Centre in Tsholotsho. The two had an unknown unresolved grudge. It... More
