This is an application for a discharge in terms of s 198 (3) of the Criminal Procedure and Evidence Act [Chapter 9:07] (“CP & E Act”). The accused are charged with the crime of murder as defined in section 47 (1) of the Criminal Law [Codification and Reform] Act [Chapter 9:23] (“Criminal Law Code”). It being alleged that on 5 June 2017 the accused persons wrongfully, unlawfully and intentionally killed and murdered Thengile Nyathi (“deceased”) by assaulting him with open hands and kicking him all over the body intending to kill him or realising that there is a real risk... More
The accused person faces a charge of murder.
It being alleged that on or about the 4th of September 2018 and at or near Impaluli 22 Mine, Hidden Treasure, in Shurugwi, the accused person unlawfully caused the death of Takunda Moyo.This is a matter wherein factual issues were resolved as the case unfolded and it is thus a very simple and straightforward case factually. The following were tendered into the court record;
1) State summary,
2) Defence outline
3) Accused’s confirmed warned and cautioned statement
4) post mortem report
5) The two spears that were allegedly used in the commission... More
: The cultivation, possession and use of dagga, a psychoactive and mood-altering drug, commonly derived from the cannabis plant and known by a variety of names such as mbanje in Zimbabwe, marijuana in Latin America and hemp in India, has polarised society for many decades. Whilst many condemn it as a societal ill, some politicians, businesspeople, artists and medical professionals laud it for various reasons. Those who oppose it argue that it is no different from any other hard drug, but its proponents allege that the drug’s medicinal and other recreational qualities are undisputable. Musicians, particularly those who specialise in... More
These proceedings were placed before me on automatic review in terms of Section 57 of the Magistrates Court Act [Chapter 7:10] (“the MCA”).
[1]The offender appeared before the court of a regional magistrate facing a count of attempted rape as defined in terms of section 189 as read with section 65 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the CODE”) and another of aggravated indecent assault as defined in section 66 (1) (a) of the same CODE. He pleaded not guilty to both the charges but was convicted after a full trial. He was sentenced,... More
[2] The facts are that the offender hired a motor vehicle from the complainant, Nkosilathi Nyika. The terms were that the offender was to return the car upon demand by the complainant. When he requested his vehicle back, the offender did not return it giving a number of excuses. That prompted the complainant to report the matter to the police and the subsequent the arrest of the offender. More
