The accused person in this matter faces a charge of murder, it being alleged that on the 21st of September 2019 and at Expensive Moyo’s homestead Manzimahle line, Tsholotsho unlawfully stabbed Lizwelenkosi Ncube with a spear once on the chest resulting in his death More
The accused, a 19 year old man, was convicted on his own plea of guilty on a charge of rape. He raped the complainant, a grade 5 pupil who was 10 years old at the time. She was born on 2nd March 2009 and the rape occurred in March 2019. More
The accused appears in this court on a charge of murder. It being alleged that on the 27th August 2018 and at Arizona 74 mine, Matobo area, Gweru, accused unlawfully and intentionally killed his brother, Jaison Musanika by stabbing him with an okapi knife twice in the chest. The accused pleaded not guilty. He suggested that the deceased was accidentally stabbed during a fight that ensued following a misunderstanding. More
MAKONESE J: On the 22nd of October 2018 around 1300 hours, Shella Moyo (the deceased), Lilly and Laiza Gumede left their homes in Cowdray Park, Bulawayo for Esiphaziphazi Mountains in search of firewood. At around 1700 hours the three ladies made their way back home. Along the way the ladies decided to rest at some place in the bush about a kilometre from Cowdray Park. At that time accused passed on his way towards the mountain. The accused exchanged greetings with the deceased and her colleagues. A little while later the deceased together with Lilly and Laiza Gumede resumed their... More
Accused faces a charge of murder it being alleged that on the 21st of September 2019, the accused stabbed deceased Moses Nkomo with an okapi knife causing his death. The accused pleaded not guilty to this charge and instead offered a limited plea to the charge of culpable homicide. The state counsel accepted this limited plea and the parties drew a statement of agreed facts that was tendered and marked Exhibit 1. It reads as follows: More
On the 14th of January 2019, during the evening hours the deceased and the accused were part of a group of villagers who were gathered for a beer drink at Nhlanhla Sibanda’s homestead after assisting him fence his fields. It is a long held tradition in the country side for neighbours to assist each other in undertaking specific tasks in the fields. Once the task at hand is completed villagers retreat for a beer drink. Food is normally served as well at such events. More
The two (2) accused persons are facing a charge of murder in contravention of section 47 of the Criminal Law (Codification and Reform) Act, Chapter 9:23. The accused pleaded not guilty to the charge and denied causing the death of the deceased in any way and prayed for an acquittal on the charge. More
The accused was 19 years at the time of this offence. The deceased was 46 years old. The accused appears in this court on a charge of murder. It being alleged that on the 27th September 2010 the accused wrongfully and intentionally caused the death of Silindile Ncube by striking him with a log on the head and chest thereby causing his death. The accused pleaded not guilty on the charge of murder. He tendered a plea of guilty with respect to the lesser offence of culpable homicide. The state accepted the limited plea.
A statement of agreed facts was... More
The accused is charged with murder, as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. He pleaded not guilty to the charge.
It is the state’s case that on 14th December 2018 at around 0700 hours, the deceased who was aged 23 was drinking beer with his friends at Hozi Business Centre in Silobela. The accused who was also aged 23 arrived at the business centre, so did his brother,Bernard. The deceased confronted Bernard over an issue which had occurred the previous night. Bernard decided to flee but the deceased gave chase and... More
The above matters were heard by different magistrates at Epworth Magistrates Court. A worrying pattern runs across all of them. The problems in all of them relate to the imposition of the sentence of community service. They include the key considerations which must be taken into account, the procedural prerequisites, the calculation of community service hours and the period within which the offender should perform it. The records were referred to this court on automatic review. As a result, I have decided to address the three matters in a composite review judgment. More
The record of proceedings in this case was placed before me on review in terms of s 57 (1) (a) of the Magistrates Court Act [Chapter 7:10]. The record shows that the accused appeared before the local resident magistrate at Mutawatawa, Uzumba Maramba Pfungwe on 27 April, 2018 facing two charges of assault.
On the first count, the accused was charged with assault as defined in s 89 (1) (a) of the Criminal Law Codification and Reform Act [Chapter 9:23]. The charge alleged that the accused unlawfully assaulted the complainant at Chivore business centre, Uzumba, on 18 April, 2018 at... More
Accused faces a charge of murder in that on the 27th of November 2021 at Pasimupindu Co-operative in Shurugwi, he unlawfully caused the death of Dingilizwe Dzingai by striking him with a wooden axe handle once on the head. Accused denied the charge tendered a limited plea of guilty to a charge of culpable homicide. The parties drew a statement of general facts, it was tendered and marked exhibit 1. More
This matter was referred to the Registrar of this court by the learned scrutinisingRegional Magistrate at Hwange. The Regional Magistrate’s query is that the trial court failed to comply with section 52 (4) (c) of the Road Traffic Act Chapter 13:11 (the Act) which provides that “(c) in the case of an offence involving the driving of a commuter omnibus or a heavy vehicle, shall prohibit the person from driving for a period of not less than two years. More
TAKUVA J: The accused is charged with the crime of murder in contravention of section 47 of the Criminal Law (Codification and Reform) Act (Chapter 9:23) (The Code). It is alleged that on the 26th day of September 2018 at Atlas Mine Esigodini, the accused shot and killed Antony Prince Bvundura using a gun on the left bicep intending to kill Antony Prince Bvundura or realising that there is a risk or possibility that his conduct may cause the death of Antony Prince Bvundura continued to engage in that conduct despite the risk or possibility. More
The late conclusion of the trial in this matter resulted from the indisposition of one of the members of the court being assessor Mr Musengezi. The accused has after being notified of the continued indisposition of the assessor agreed that the trial proceeds with one assessor, Mr Mhandu. This procedure is provided for in s 8 of the High Court Act [Chapter 7:06]. It is recorded that at the time that the assessor Mr Musengezi became undisposed, the case was at judgment stage. This is the judgment of the two-member court. More
