TAKUVA J: This record was referred to the Registrar of this Court by the learned Regional Magistrate Hwange with the following request;
“… I therefore humbly seek guidance on whether the reformed law under the Criminal Code now criminalises mere utterances that one is a witch or a wizard without any reasonable basis or grounds and without imputing the use of non-natural means.” More
The accused is charged with Murder as defined in s 47 (1) (a) or (b) of the Criminal law (Codification and Reform) Act, [Chapter 9:23] in which the state alleges that on 26 November 2019 and at Village 12 C, Mutanda 3, Josias, Nyazura, the accused unlawfully caused the death of Tichaona Everson Zambuko (alias Zhabha) by assaulting him with an unknown object on the head intending to kill him or realising that there was a real risk or possibility that his conduct might cause death and continued to engage in that conduct despite the risk or possibility resulting in... More
This matter was placed before me on automatic review in terms of section 57 (1) of the Magistrates Court Act [Chapter 7:10]. The accused appeared before the Magistrates Court sitting in Filabusi. He was charged and convicted with one count of contravening s 3(1) as read with s 3(3) of the Gold Trade Act [Chapter 21:03] i.e., possession of gold without a licence. It being alleged that on 9 January 2023 and at Britain Gold mine, Filabusi, the accused possessed 0.229g of gold without a licence as required by the Act. More
This matter was referred to the Registrar by the learned Regional Magistrate at Plumtree.
The accused was convicted on his own plea of guilty of contravening section 10 (1) (A) as read with section 10 (3) of the Environmental Management Act (Control of Hazardous Substances) (General) Regulations 2018 (S.I 268/2018) “Store or sell Hazardous Substance without a licence” by a Magistrate at Plumtree on 27 September 2020. He was sentenced to pay a fine of “ZWL $1200-00 in default of payment 90 days imprisonment. The 66 x 30 litres petrol and 200 l x 2 petrol be and are hereby... More
The accused was convicted on a charge of culpable homicide arising from a road traffic accident in contravention of s49 (a) of the Criminal Law Code. He was sentenced to pay a fine of $30 000 in default of payment 60 days imprisonment. In addition 6 months imprisonment was conditionally suspended for 5 years. In addition the accused was prohibited from driving all classes of vehicles for 2 years. The accused drove a Freightliner truck towing a trailer loaded with 30 tonnes of polythene bags of maize. Four passengers were on board sitting on the polythene bags. The deceased was... More
1.1. This record of criminal proceedings was referred to this court ostensibly in terms
of theMagistrates Court Act, [Chapter 7:10], the Magistrate being of the view that only the High Court has the power to bring into operation that portion of a sentence which it (i.e. High Court) suspended in a previous matter. More
MAKONESE J: In terms of section 52 (4) (c) of the Road Traffic Act (Chapter) 13:11 where a person is convicted of an offence involving the driving of a commuter omnibus or a heavy vehicle, the court shall prohibit the person from driving a vehicle for a mandatory period of not less than 2 years, unless there are special circumstances. An International Truck is a heavy vehicle. That fact should ordinarily be disclosed in the charge sheet and state outline. The sentencing court should in all traffic violations be careful to establish and ascertain the class of motor vehicle involved... More
The two accused persons who are brothers pleaded not guilty to the charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). More
Accused, Amos Gwinyai assaulted Nyasha Mudzimu, his wife using booted feet and fists several times on the head and body and on 6 April 2020 she died and the pathologist Dr Dominic Nkulu concluded that the cause of death was due to head injury. Accused was charged of Murder as defined in s 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. More
: The accused was charged with the murder of his own son in contravention of s 47 (1) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He pleaded not guilty.
It is common cause that on 12 June 2007 the accused left his parents’ home in Chivakanenyama village Karoi. He left in the company of his two sons Ronald and Tawanda. He had told his mother Eneresi Siamkonde that he was taking his sons to the Registrar General’s office in Karoi to obtain birth certificates for them. He ended up boarding a lift to Ceresi farm. His son... More
Acused is being charged of Murder as defined in s 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations by the prosecution are that on 4 August 2020, at Mureya Village, Chief Musikavanhu, Chipinge, accused in the company of John Panganayi Mlambo Mureya and Clemence Fuddy Mureya (both of whom are still at large) acting in common purpose and in association with one another unlawfully caused the death of Benjamin Mukwakwami by assaulting him with fists, machete, kicks and a log all over the body intending to kill him or realising that there was... More
The accused person who I will refer to as the convicted person was charged for the contravention of s 4 (1), as read with 3 (1) (a) of the Domestic Violence Act [Cap 5:16]. The facts on which he was charged are that he assaulted Velonica Mushambadoro several times on the face, with clenched fists. More
The accused was arraigned before the Magistrates Court facing two counts of theft as defined in s 131(2)(e) of the Criminal Law Codification and Reform Act [Chapter 9:23] (the Criminal Law Code). The allegations against him were that on the night of 29 April 2023 at Mashwede Complex, in Warren Park, Harare, he broke into two different shops and stole various property. He pleaded not guilty to both counts, but was convicted of the first count and acquitted of the second count after a contested trial. More
A case of belief in witchcraft! Accused whose estimated age at the time the offence was committed in 2020 was 18 years is facing three counts of Murder as defined in s 47 (1)(a) or (b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. On 3 December 2020 at Chitsanza Village Chief Chamutsa Buhera, in Manicaland.Accused assaulted Erina Hlabati using a log. He went on to assault Tafa Chitsanza using a burning piece of wood all over the body then using a stone brutally crushed Tafa Chitsanza’s head. After these attacks he proceeded to assault Millia Chinotimba using... More
: The accused was charged with, murder in contravention of s 47 of the Criminal Law (Codification and Reform) Act [Cap 9; 23]. She pleaded not guilty. More
