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
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
[1] The accused is appearing before this court charged with the crime of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on 12 July 2023 he unlawfully caused the death of Confidence Ndlovu referred to as deceased by stabbing him once on the chest with a knife intending to kill him or realising that there was a real risk or possibility that his conduct may cause the death of the deceased and continued to engage in that conduct despite the risk or possibility. 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
