The accused appears in this court on a charge of murder in contravention of section 47(1) of the Criminal Law Codification and Reform Act (Chapter 9:23). The state alleges that on the 9th of June 2018 and at a bush near Dhlamathuli, Nkomozabo Village, Chief Malisa Silobela. The accused unlawfully caused the death of Nobukhosi Nomo by striking him with an axe and stone on the head several times intending to bring about his death. The accused denies the allegations. He raises the defence of alibi and avers that he was nowhere near the scene of the crime on the... More
1. The two accused persons are charged with two counts of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. In count 1, it being alleged that on the night between 22nd and 23rd April 2021, between 1800 hours and 0600 hours and at an open space near a sweet potato filed opposite house number 5947 Cowdray Park, Bulawayo, the accused persons acting in common purpose one or more of them caused the death of Elvis Dube(deceased 1) by stabbing him with a sharp unknown objects all over the body, intending to... More
This matter was placed before me for trial in the criminal court. The accused is facing two counts, viz murder and attempted murder. The trial was set down for today 20 February 2024. On 19 February 2024 State counsel and defence counsel sought audience with me in my chambers. Counsel brought it to my attention that on 20 May 2022 I presided over a criminal matter involving this accused and a co-accused who is not part of this trial. I was shown a copy of the judgment in The State v Kholisani Nyathi & Anor HB 138/22. I perused the... More
DUBE-BANDA J: The accused appears in this court on a charge of murder. Before the charge was put to the accused, Ms Mugari, counsel for the accused informed the court that she had an application to make. The import of the application is that the accused be referred for further mental examination in terms of section 28 of the Mental Health Act [Chapter 15:12]. The basis of the application is that there are indications that accused suffers from a mental disorder or defect of the mind, such that at the time of the commission of this offence he was not... More
The accused, Mr Kudakwashe Mujajati, is appearing before this court charged with the crime of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (hereinafter referred to as the “Criminal Law Code”). It being alleged that on 8 July 2021 he unlawfully caused the death of Audrey Chikoka (herein after referred to as the “deceased”) by striking her once on the back of the head and once on the forehead with a wooden board intending to kill her or realising that there is a real risk or possibility that his conduct may cause... More
