The accused appears in this court on a charge of murder. It is alleged by the state that on 28th September 2018 at Bernard Dube’s homestead, Village 3 Lukala Siganda, Inyathi, the accused assaulted Mthandazo Sibanda with booted feet and switches all over the body thereby causing his death. The accused denied the charge of murder and tendered a plea of guilty with respect to the lessor charge of culpable homicide. The state conceded that the plea tendered was appropriate in the circumstances. The state proceeded by way of a statement of agreed facts. Mr V. J. Mpofu appearing for... More
MAKONESE J: This matter was placed before me by way of review. The scrutinizing Regional Magistrate at Lupane took issue with the sentence imposed by the trial court.
The accused persons were charged and convicted of theft of trust property valued at Z$12 400 in violation of section 113 (2) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). Accused persons sold 16 x 50kg bags of cement which they held in trust on behalf of the complainant. Accused pocketed the proceeds of the illegal sale resulting in their arrest and subsequent conviction. More
The accused is charged with murder as defined in section 47 of the Criminal Law (Codification and Reform) Act, Chapter 9:23. He pleaded not guilty. More
The accused was arraigned before this Court on 5th October 2020 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 3rd March 2020, and at Chinotimba Old Bar, and along fourth Avenue Road near house number 1228 Chinotimba, Victoria Falls and along a footpath between house number 1186 and 1189 Chinotimba, Victoria Falls, and at house number 9419 Mkhosana, Victoria Falls, the accused unlawfully assaulted Auxilia Nkomazana with open hands across the face, booted feet on the hips, knocked her head against the... More
The issue in this matter which should have exercised the mind of the trial court is whether the sexual act between the accused and the complainant was consensual. While the learned Regional Magistrate properly identified this issue she seemed to have somehow allowed her mind to wander rather aimlessly and failed to properly analyse the evidence placed before her. The judgment by the learned Regional Magistrate is rather perfunctory. More
The accused appeared before us on a charge of murder to which he pleaded not guilty. His defence being that although he visited the deceased’s shop earlier that day he however was not there at the time of the murder as he spent the night in a truck with his friend. More
MAKONESE J: On the 29th day of July 2020 and at Zimbili Business Centre, Fort Rixon area, accused stabbed the deceased one Carlton Mnkandla with a sharp stick in the chest. The deceased sustained serious injuries and died from injuries suffered in the attack. The accused is aged 39 years. He is facing a charge of murder. He denies intentionally causing the death of the deceased but avers that death was accidental. Accused’s defence counsel confirms that the accused is tendering a plea of guilty with respect to the lessor charge culpable homicide. More
The accused was charged with murder as defined in section 47 of the Criminal Law (Codification and Reform) Act, Chapter 9:23, in that on 23 April 2022 at Stanley Ncube’s homestead, Ntuva village Nkayi, the accused assaulted the deceased with switches all over the body and a beer bottle on the head intending to kill him or realising that there was a real risk or possibility that your conduct may cause death but continued nonetheless.The accused pleaded not guilty to the charge of murder but tendered a plea of guilty to culpable homicide. The state accepted the limited plea. More
DUBE-BANDA J: This matter was placed before me on automatic review.The two accused persons, Mr ButholezweSibanda (accused 1) and BonganiSibanda (accused 2), appeared before a Provincial Magistrate at TredgoldMagistrate’s Court, Bulawayo, charged with two counts of contravening section 131 of the Criminal Law [Codification and Reform] Act Chapter 09:23. In count one, it is alleged that on a date unknown to the prosecutor between the 28 August 2020and 12 September 2020, and at Plot 189, Montgomery, Bulawayo either ButholezweSibanda or BonganiSibanda or both of them unlawfully and with intent to steal, stole property namely, RYOB1RG-6900K petrol generator, green concrete wheelbarrow,... More
The accused person faces a charge of murder, it being alleged that on the 15th of September 2019, he assaulted the deceased Ayanda Ncube with an axe resulting in his death a few days later. More
The 4 accused persons face a charge of murder, it being alleged that on the 3rd of October 2021 and at Siiachilaba Business Centre, one or more of them unlawfully caused the death of Miccah Mudenda by assaulting him on the head with a stone and thereby causing his death. The accused persons pleaded not guilty. More
Late in the afternoon on the 21st of May 2021 the 16 year old accused followed the 9 year old deceased who was on her way home from Kwesengulube Primary School in Nkayi. The deceased was in grade 3. Accused lured the deceased into a bushy area after offering her jiggies corn snacks. Accused had sexual intercourse with the deceased without her consent before chocking her and strangling her to death. At around 20:00 hours that same evening the deceased’s body was discovered in a bush. Deceased’s lifeless body was found with her face facing upwards. Her dress was pulled... More
The accused is a member of the Zimbabwe Defence Forces. In the early hours of the morning of 1st February 2018 around 0300 hours the accused arrived at house number 1604 New Magwegwe, Bulawayo. He was clad in full military combat gear and was armed with an AK 47 assault rifle with 20 rounds of ammunition. The occupants of the house were awoken by heavy knocks at the back door. The accused demanded that they open the door. He cocked his weapon. The deceased Ashley Phiri asked what the accused wanted at that hour of the morning. The door was... More
KABASA J: The accused faces a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform)Act, Chapter 9:23, in that on 9th December 2020 at Maswabisa General Dealers Store, Janjanja Shopping Centre, the accused unlawfully struck Mncedisi Ndlovu with a log several times on the head and on the hands intending to kill Mncedisi Ndlovu or realizing that there was a real risk or possibility that his conduct may cause death but continued to engage in that conduct despite the risk or possibility. The accused pleaded not guilty to murder but tendered a limited... More
The accused is a female aged 18 years. She is now into full time prostitution. She has no fixed abode but appears to sell her services at or around Gokwe Centre. On 29th August 2018 she appeared before a Provincial Magistrate at Gokwe facing a charge of unlawful entry as defined in section 131 of the Criminal Law Codification and Reform Act (Chapter 9:23). She pleaded guilty and was sentenced to 4 months imprisonment, wholly suspended for 5 years on condition of future good conduct. The brief facts surrounding the commission of this offence are that on the 28th August... More
