Welcome to Midlands State University Library

Court Judgements



Browse all Court Judgements
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]. More

The three accused appeared before us on a charge of murder to which they pleaded not guilty. The state alleges that on 27 February 2022 at around 0100 hours the three accused, Courage and the now deceased were at Nemangwe Business Centre. A misunderstanding ensued between accused 3 and the now deceased after accused 3 accused the now deceased of stealing an empty beer bottle. The now deceased struck the accused once on the head with an empty bottle. Accused 3 sought assistance from accused 1, 2 and one Courage and acting in concert they attacked the now deceased. They... More

The accused person faces a charge of murder, it being alleged that on the 28th of June 2019 he assaulted the deceased Larry Sibanda with a stone on the head causing his death. More

The accused faces a charge of murder, it being alleged that on the 15th of February 2016 and at a field in Nkanyiso Village, Lupane, he assaulted the deceased Hoko Bhitsho Ngwenya thrice on the head with a knobkerrie resulting in his death. The accused denies the charge. The following were tendered into the court record; - the state summary - the defence outline - the post mortem report - the knobkerrie allegedly used - accused’s medical book extract More

You appear before us on a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. You pleaded not guilty to the charge but tendered a plea of guilty to the lesser offence of culpable homicide. The state accepted the limited plea. More

The accused person in this matter was convicted of unlawful entry in aggravating circumstances as defined in section 131 (1) (2) (e) of the Criminal Law Codification and Reform Act Chapter 9:23 in that on the 14th of October 2020 at around 23:00 hours the accused broke into a storeroom at Chabeta Primary School, in Zezani, Beitbridge and stole 2 bags of cement. The facts of the matter are that on the 14th of October 2020 at around 23:00 hours the accused person proceeded to Chabeta Primary School and stole 2 bags of cement from the storeroom. He then put... More

: When you are a boy, as young as twelve years, there is no reasoning with sexual matters because even adult men can be completely blinded by bouts of passion. The criminal law and criminal punishment couldn’t therefore have been intended to result in the horror apparent from these proceedings. The stories of what befell both the boy and the girl involved in this case illustrate a complete destruction of the social fabric. More

The accused was arraigned before this Court on 11 June 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 22nd May 2019, and at an unknown place, the accused person assaulted Sisasenkosi Sibanda with open hands, clenched fists, waist leather belt and an unknown instrument on the head and all over the body intending to kill Sisasenkosi Sibanda or realising that there is a risk or possibility that his conduct may cause the death of Sisasenkosi Sibanda, he continued to engage in... More

This review is at the instance of the scrutinising Regional Magistrate. The accused appeared before the magistrates’ court sitting at Gweru, in the Midlands Province. He was charged with the crime of contravening s 3(1)(a) as read with s 4(1) of the Domestic Violence Act [Chapter 5:16]. It being alleged that on 2 February 2023 the accused committed physical abuse upon the complainant, his wife by strangling her and kicking her all over the body with a wooden log three times on the right arm and three times on the right leg. The accused pleaded guilty and was duly convicted.... More

The accused was arrested and the Magistrate ordered that he be examined by two doctors in terms of s26 of the Mental Health Act. He was found to be mentally challenged. The background as set out by the psychiatric nurse Christopher Njanjeni is that the accused was not well since 2004. He received treatment for mental illness. His deceased father would accompany him for medical treatment. The accused would experience visual and auditory hallucinations. He later defaulted treatment. His deceased father took him for treatment at some church where a prophet assisted him. At this stage he had stopped taking... More

The accused faces a charge of murder, it being alleged that on the 21st of July 2019, he assaulted deceased Samon Mpala with clenched fists causing his death. The accused pleaded not guilty to the charge of murder and tendered a limited plea to culpable homicide. The state 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

The 3 accused appeared before the court charged with murder, as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. Accused 1 and 2 tendered limited pleas of guilty to culpable homicide which were not accepted by the state whilst accused 3 tendered a plea of not guilty. More

This record was placed before me on automatic review. I raised two queries relating to what I considered a lenient sentence for attempted murder and why the sentences for the two robbery counts were ordered to run concurrently in circumstances where they were committed on different dates and places. The court a quo’s approach to sentence resulted in an effective 15 year sentence for (1) attempted murder committed in the course of a robbery resulting in the complainant sustaining serious injuries; (2) two counts of robbery wherein the complainants were attacked with iron bars, machetes and an axe. Indeed the... 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. The state’s case is that on 18th May 2019 at around 2000 hours the accused, deceased, Morgan Fundira and deceased’s brother, one Ndaba Ncube were at Zvope bottle store in Chiundura. Morgan Fundira, who is the owner of the bottle store decided to close the bottle store and advised all the patrons to leave. The accused was not amused and started shouting at Morgan threatening him and Ndaba Ncube with death. The deceased and... More

The accused is charged with murder as defined in section 47 of the Criminal Law (Codification and Reform) Act, Chapter 9:23, to which he pleaded not guilty. The state alleges that on 11 February 2022 the deceased was at Somhlanga shops in Lupane when the accused arrived. The accused proceeded to shout at the deceased accusing him of having impregnated his mother and thereafter neglecting her. The accused thereafter took a brick, an iron bar and a knife and used these weapons to assault the deceased. He threatened to cut off his testicles as he considered them as the offending... More