Accused faces a charge of murder, it being alleged that on the 12th of September 2021, and in the grazing lands of Bhuda Village, Nyamandlovu, the accused unlawfully caused the death of Mlungisi Denvour Msunga by stabbing him once on the stomach with a home-made knife and thereby killing him. He pleaded not guilty by reason of insanity. More
The accused appeared before us on a charge of murder to which he pleaded not guilty. In denying the charge he proffered explanations which made it difficult to understand whether he was denying the charge because he disputed the location where the offence occurred or because he knew nothing about the offence. The court entered a plea of not guilty and Mr Mambara could not confirm that the plea was in accordance with his instructions primarily because the accused kept changing statements. This however did not change the plea of not guilty. More
The accused in this matter was charged with the crime of murder as defined in section 47 of the Criminal (Codification and Reform) Act, Chapter 9:23. It was alleged that on 15 May 2019 at Maphito Grazing Lands, in Tsholotsho, the accused unlawfully struck John Black Ndlovu once on the head with a log intending to kill him or realising that there is a real risk or possibility that his conduct may cause the death of John Black Ndlovu but nonetheless continued to engage in that conduct despite the risk or possibility of death. More
The facts of the matter make sad reading. The accused hails from Makhala Line, Lubimbi Village, Chief Gampu, Tsholotsho. On 19th June 2021 the deceased and her siblings who are aged 10, 4 and 3 years old followed their mother who had visited her uncle Ndumiso Tshuma who stayed in the same village. The deceased was accused’s daughter. She was aged 8 years at the time of her demise. The deceased and her siblings left their grandmother’s homestead, where they had been left by their mother, without the accused’s permission. They went back the following day without their mother. Upon... More
The accused appeared before us on a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23 to which he pleaded not guilty.
The state alleges that on 3 September 2020 the accused in the company of Knowledge Museni went to Drunkard 21 Mine Safago in Shurugwi where they saw the now deceased who was seated in a tent. The accused signaled the now deceased to come out of the tent which he did. They proceeded behind the tent where the accused proceeded to stab the now deceased once on the... More
The gospel of community service cannot have possibly escaped this learned and experienced Provincial Magistrate based at Gutu Magistrates Court. Probably his situation can be likened to the biblical parable where the farmer in planting the seeds some of the seeds fell on barren rocky soil and completely failed to properly mature. More
: The accused a 45 year old man was charged with the rape of a 16 year old girl as defined in s 65 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He denied the charge. After a full trial he was convicted and sentenced to 18 years imprisonment of which 3 years were suspended on the usual conditions. More
The 3 accused appeared before us on a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. They all tendered pleas of not guilty to murder but guilty to culpable homicide. The state accepted the limited pleas in respect of all 3 accused. More
MAKONESE J: The accused is facing one count of murder in aggravating circumstances as defined in section 47(1) (a) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). It is alleged that on 9th October 2019 at Polite Nkomo’s homestead, Madlambuzi, the accused acting in common purpose with two other accomplices caused the death of MainaMoyo an 82 year old female adult. The accused denied the charge. On the second count accused is facing a charge of robbery in contravention of section 126 (1) of the Criminal Code. The allegation being that on the same day and at the... More
This is a review matter that came before me in terms of s 57(1) of the Magistrates’ Court Act [Chapter 7:10]. The accused was charged with the crime of culpable homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act [ Chapter 9:23]. It being alleged that on 8 December 2022 along Intemba road, opposite Inzwananzi Primary School, Luveve, Bulawayo, the accused unlawfully caused the death of Juninor Joe Mpofu (deceased) by negligently hitting him with a motor vehicle in a road accident. More
The 25 year old accused appeared before a Provincial Magistrate at Beitbridge facing a charge of contravening section 4 (1) (b) of the Firearms Act (Chapter 10:09), that is possession of a firearm without a licence. The accused pleaded guilty and was duly convicted and sentenced to 4 years imprisonment of which 1 year was suspended for 5 years on the usual conditions of future good conduct.
The brief facts are that on the 2nd day of June 2020 and at around 1400 hours Rabekani Mafela, Amon Ngulube and Fungai Zuze were on their way to South Africa through an... More
The deceased was 46 years old when he was caused to meet his maker. On 20 September 2016 in the dead of night, he was asleep with his wife Dorothy Nduna and a female employee, Sibonokuhle Nyoni at his Tuck Shop, at Ndlovu Mining Syndicate Mine in the Matopo gold panning areas. They were awakened by the loud noise of someone bludgeoning the door. The person succeeded and upon entering the tuck shop, demanded money from the deceased. He then immediately struck the deceased once on the forehead above the left eye and once on the right upper limb with... More
This review is at the instance of the scrutinising Regional Magistrate. The accused was arraigned before the magistrate court sitting at Western Commonage, Bulawayo. He was charged with the crime of contravening section 52(2) of the Road Traffic Act [Chapter 13:11] “Negligent driving.” It being alleged that on the 18 June 2021, and at Luveve Road near Machipisini, adjacent number 214 Sotshangane Flats, Bulawayo, accused drove a motor vehicle negligently opposing one-way and hit a pedestrian, thereby causing minor injuries. He was convicted on his own plea of guilty and sentenced to $18 000 in default of payment 4 months... More
The accused is facing the charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] in that on 14 January 2016 at Gutsaruzhinji Village, Mkwasine the accused caused the death of TIZIRAI MUTENDERA by hitting him with a stone on the right earlobe intending to kill the said TIZIRAI MUTENDERA 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 possibility. More
The question raised in the present review is whether an acquittal after a full criminal trial is subject to review at the instance of the complainant.
The record of proceedings was forwarded by the Provincial Magistrate Harare at the request of a firm of legal practitioners, which was instructed by the complainant who was dissatisfied with the acquittal of the accused person after a full trial. More
