Accused is facing a charge of murder in contravention of section 47 (1) of the Criminal Law Codification Act (Chapter 9:23). It being alleged that on 21st March 2020 and along Garikai Road,Ntabazinduna, the accused wrongfully and unlawfully caused the death of Khulekani Ndlovu, by assaulting him with an electrical cable several times all over the body and stabbing him once on the arm and on the thigh intending to cause his death. The accused denies the allegations. He tenders a limited plea of guilty to the lesser charge of culpable homicide. The state accepts the limited plea. More
This matter brings into focus the negative impact of the deep rooted belief in witchcraft in a number of communities in our nation. In most African countries the belief in the occult, witchcraft and Christianity is interwoven in the social fabric.
Sometime in September 2019, the accused consulted a witchdoctor/hunter (commonly known as Tsikamutanda) who advised him that deceased, a 73 year old woman, was bewitching him and sucking his blood. The witchdoctor performed some rituals at accused’s homestead that included the placing of pegs around the homestead and the sprinkling of salt. The accused was assured that the evil... More
MAKONESE J: The accused has been arraigned in this court on a charge of murder. It is alleged that on 1st January 2018 and at 2338 Emakhandeni, Bulawayo, he assaulted Bhekimpilo Moyo intending to cause his death or realizing that there was a real possibility that death might ensue. The accused denied the allegations and pleaded not guilty.
On 31st December 2017 Mengezi Moyo arranged a New Year’s eve get together party at his residence at Emakhandeni. Relatives and friends were invited to the function. Beer was being consumed in fairly large quantities. Attendees were embroiled in misunderstandings. One Dumisani... More
The accused was 38 years at the time the offence was committed. The deceased was aged 35 years. The accused appears in this court on a charge of murder in contravention of section 47 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23). The accused denies the charge of murder and tenders a plea of guilty to the lessor offence of culpable homicide. The state accepts the limited plea. A Statement of Agreed Facts has been tendered into the record. It summarizes the events leading to the death of the deceased. On the 4th of August 2004 the... More
A record of proceedings must correctly reflect what has been recorded by the judicial officer during the course of proceedings. Where a Magistrate records in long hand what has transpired during proceedings it is desirable to record the proceedings in legible and uniform handwriting. Whilst it is possible, but certainly not desirable, for a Magistrate to vary his writing style in the same proceedings, it is not desirable to do so. A record of proceedings in long hand must have a uniform style, clearly reflecting that the same judicial officer is the one whose proceedings have been recorded. The state... More
DUBE-BANDA J: This matter was placed before me on automatic review. The accused was arraigned before the Magistrate’s court sitting in Binga. He was charged with the crime of contravening section 4 as read with section 3(1) (a) of the Domestic Violence Act [Chapter 5:16] “Physical Abuse.” It being alleged that he committed an act of physical abuse upon the complainant by striking her with open hands and a switch all over the body intending to cause bodily harm realising that there is a real risk or possibility that bodily harm may result. He pleaded guilty and was duly convicted.... More
The accused appeared before a Magistrate at Gokwe on 19th July 2022 facing a charge of contravening section 131 of the Criminal Law Codification and Reform Act (Chapter 9:23). The applicant pleaded guilty and was convicted as charged. He was sentenced to 9 months imprisonment of which 3 months was suspended for 5 years on condition of good behavior. More
The accused appears in this court on a charge of murder in contravention of section 47 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23). It is alleged that on the 12th of November 2020 and at Mafa Village Chief Mabhikwa, Lupane, the accused assaulted the deceased a 1½ year old baby with a stick several times thereby causing his death. The accused denies the charge of murder but tenders a plea of guilty to the lesser charge of culpable homicide. The facts surrounding the commission of this offence are summarized in a Statement of Agreed Facts which... More
This matter was placed before me on automatic review. The accused was arraigned before the Magistrate’s Court sitting in Bulawayo. He was charged with two counts of stock theft. He pleaded not guilty. At the conclusion of the trial he was found guilty as charged. The conviction is proper and nothing turns on it. The trial court was unable to find any special circumstances, and the accused was sentenced to the minimum mandatory sentence of nine years per count. The total cumulative sentence is eighteen years imprisonment. It is cumulative sentence that attracted my attention More
The concession by Ms Busvumani for the State at the close of the state case that the State had not been able to prove the charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Cap 9:23] is not only properly made at law but professional. After all the State witnesses had testified it was clear that a charge of murder was not sustainable in the circumstances. More
DUBE-BANDA J: The accused is charged with the crime of murder as defined in section 47 of the Criminal Law (Codification and Reform) [Chapter 9:23]. It is alleged that on the 4 February 2019, and at Village Mhlupheki, Chief Malisa, Zhombe, the accused person unlawfully caused the death of Tororo Ndlovu (deceased), by striking him once on the back of the head with an axe, intending to kill him or realising that there was a real or possibility that his conduct may cause the death and continued to engage in that conduct despite the risk or possibility. More
DUBE-BANDA J: The trial magistrate referred this matter to this court for sentence as she felt that she lacked jurisdiction to sentence the accused. The accused was arraigned before the Magistrate’s court sitting in Shurugwi. He was charged with the crime of contravening section 70 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on the 23rd November 2019, and at Gakata Village, Chief Nhema, Shurugwi, the accused had extra marital intercourse with complainant a female person below the age of 16 years. It turned out that at the material time accused was infected H.I.V.... More
The accused appears before this court on a charge of murder as defined in section 47 of the Criminal law [Codification and Reform] Act Chapter 9:23. It being alleged that on the 5th May 2021, accused unlawfully caused the death of YenzaniMaphosa (deceased) by stabbing him with a knife once on the chest, intending to kill him or realising that there is a real risk or possibility that his conduct may cause the death of deceased and continued to engage in that conduct despite the risk or possibility. More
