The accused, a 17 year old boy appeared before a magistrate at Mphoengs charged with contravening section 70 of the Criminal Law (Codification and Reform) Act Chapter 09:23 in that during the period extending from January 2021 to September 2021 and at Makuzeze Village, Brian Tshuma unlawfully had extra-marital sexual intercourse several times with Divinity Ncube, a female juvenile aged 14 years
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Accused faces a charge murder, it being alleged that on the 16th of November 2020, he assaulted the deceased Katarina Mupasi and thereby causing her death. Accused pleaded not guilty by reason of insanity. The state counsel accepted that plea and the parties drew a statement of agreed facts which was tendered and marked exhibit 1. The state counsel also tendered the post mortem report and the psychiatrist’s report as well as the alleged weapon which is a steel wheelbarrow handle which were all duly marked.
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This application will be better understood against the background that follows. The facts of this matter appear in the founding papers, opposing affidavit of 2nd respondent and the submissions made by Mr Demo counsel for the Speaker of the Parliament of Zimbabwe (Speaker).
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