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
The accused was charged and convicted under the Domestic Violence Act, [Cap 5:16] for a serious assault upon her husband with an axe. She had pleaded not guilty but notwithstanding her plea, she had been found guilty. And sentenced to 12 months imprisonment of which half was suspended for five years on appropriate conditions. The learned scrutinising Regional Magistrate before who the record of proceedings was placed noticed that after the accused had given her evidence and had been cross-examined, there is no indication as to whether or not the court asked her whether she intended to call any witnesses... More
The accused persons in this matter were charged with attempted robbery of a motor vehicle. They pleaded not guilty but were all convicted after a trial. The first and second accuseds were each sentenced to 4 years imprisonment. The third accused was sentenced to 4 years imprisonment of which 2 years is suspended for 5 years on the usual and appropriate conditions of future good conduct. More
The accused was charged with the crime of Murder as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] and the state alleged that during the period between 18 and 19 August 2018 and at Plot 47, Zunidza Ressettlement, Nyazura, the accused unlawfully caused the death of Patricia Makoni by assaulting her all over the body using an unidentified object intending to kill her, 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... More
The convicted person pleaded not guilty but was convicted on a charge of theft as defined in s 113 (1) (a) of The Criminal Law (Codification and Reform) Act [Cap 9:23]. He was jointly charged with two others who were acquitted at the end of the trial. The record of proceedings was forwarded to a Regional Magistrate for scrutiny. It was placed before the Senior Regional Magistrate Harare, who raised issues of record keeping and compliance with the provisions of s 198 (6) and 199 (1) of the Criminal Procedure and Evidence Act [Cap 9:07] (The CP&E Act) with the... More
The two accused persons are brothers. They were jointly charged with the murder of Jokonia Choga Muunganirwa at Chemhanza Hill in Chevakadzi Resettlement Area in Bindura on 31 January 2010. They were alleged to have caused his death by assaulting him indiscriminately all over his body and stoning him on the ribs and head. More
The impunity of a cabal of 13 political zealots, the complicity of law enforcement agents, the lamentable misuse of the prosecutorial authority bestowed on public prosecutors and the disinterest of the trial court all rolled together is the epitome of all that should not happen in our criminal justice delivery system. This matter is a living example of an injustice allowed to take root because of a serious dereliction of duty by those tasked with the protection of law abiding citizens of this country and the punishment of offenders without fear or favour. More
