This is a review matter that came before me in terms of s 57(1) of the Magistrates’ Court Act [Chapter 7:10]. The accused was charged with the crime of culpable homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act [ Chapter 9:23]. It being alleged that on 8 December 2022 along Intemba road, opposite Inzwananzi Primary School, Luveve, Bulawayo, the accused unlawfully caused the death of Juninor Joe Mpofu (deceased) by negligently hitting him with a motor vehicle in a road accident. More
The 25 year old accused appeared before a Provincial Magistrate at Beitbridge facing a charge of contravening section 4 (1) (b) of the Firearms Act (Chapter 10:09), that is possession of a firearm without a licence. The accused pleaded guilty and was duly convicted and sentenced to 4 years imprisonment of which 1 year was suspended for 5 years on the usual conditions of future good conduct.
The brief facts are that on the 2nd day of June 2020 and at around 1400 hours Rabekani Mafela, Amon Ngulube and Fungai Zuze were on their way to South Africa through an... More
This case came to me for automatic review of the criminal proceedings in terms of section 57 (1) of the Magistrates Court Act (Chapter 7:10) as read with section 29 (1) of the High Court Act (Chapter 7:06). I then noted a litany of irregularities of which the most prominent ones which I invited the trial magistrate to comment upon were that there was no explanation of the purpose of cross examination to the unrepresented convict throughout the trial, there was also no explanation why the convict had not been invited or advised to sum up his case in terms... More
The deceased was 46 years old when he was caused to meet his maker. On 20 September 2016 in the dead of night, he was asleep with his wife Dorothy Nduna and a female employee, Sibonokuhle Nyoni at his Tuck Shop, at Ndlovu Mining Syndicate Mine in the Matopo gold panning areas. They were awakened by the loud noise of someone bludgeoning the door. The person succeeded and upon entering the tuck shop, demanded money from the deceased. He then immediately struck the deceased once on the forehead above the left eye and once on the right upper limb with... More
This review is at the instance of the scrutinising Regional Magistrate. The accused was arraigned before the magistrate court sitting at Western Commonage, Bulawayo. He was charged with the crime of contravening section 52(2) of the Road Traffic Act [Chapter 13:11] “Negligent driving.” It being alleged that on the 18 June 2021, and at Luveve Road near Machipisini, adjacent number 214 Sotshangane Flats, Bulawayo, accused drove a motor vehicle negligently opposing one-way and hit a pedestrian, thereby causing minor injuries. He was convicted on his own plea of guilty and sentenced to $18 000 in default of payment 4 months... More
