TAKUVA J: This matter was placed before me on automatic review in terms of section 57 of the Magistrates’ Court Act (Chapter 7:10)
The accused was arraigned before a Regional Magistrate at Bulawayo on seven (7) counts of contravening section 89 (1) (a) as read with Statutory Instrument 4/2000 of the Postal and Telecommunications Act Chapter 12:05 “destroys, injures or removes any telecommunication line belonging to or used by telecommunication licence”. More
The accused is appearing before this court charged with the crime of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on 17 October 2023 he unlawfully caused the death of Bekezela Ncube referred to as deceased by striking him four times on the head with a log intending to kill him or realising that there was a real risk or possibility that his conduct may cause the death of the deceased and continued to engage in that conduct despite the risk or possibility. More
The accused faces a charge of murder, it being alleged that on the 12th of December 2021, he assaulted his wife Silethokuhle Gumbo several times all over the body with a rubber whip, booted feet and open hands intending to kill Silethokuhle Gumbo or realizing that there is a real risk or possibility that his conduct may cause the death of Silethokuhle Gumo but continued to engage in that conduct despite the risk or possibility. The accused denied the charge. He tendered a limited plea of guilty to the lessor charge of culpable homicide. More
MAKONESE J: The offences of malicious damage to property and assault are two distinct offences whose essential elements are separate and dissimilar. The penal provisions for the two offences are not the same. The offences are not similar in nature. Trial magistrates must treat these distinct offences separately with regards sentence. It is clearly incorrect to treat the charges of malicious damage to property and assault as one for the purposes of sentence, even in circumstances where the offences are closely linked in terms of time. A globular sentence is inappropriate for these offences. More
KABASA J: The accused is charged with murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23, in that on 2nd August 2020 at HloniphaniTapsonMoyo’s homestead, Denge Line in Tsholotsho, he unlawfully struck HloniphaniTapsonMoyo with a fire stand once on the head intending to kill him or realising that there was a real risk or possibility that his conduct may cause death and continued to engage in that conduct despite the risk or possibility. More
