DUBE-BANDA J:
[1] This is a review at the instance of the scrutinising Regional Magistrate. The accused was charged with two counts: viz count 1, physical abuse as defined in s 3(1)(a) as read with s 4(1) of the Domestic Violence Act [Chapter 5:16]. It being alleged that he kicked and slapped the complainant his wife several times all over the body. In count 2 he was charged with the crime of malicious damage to property as defined in s 3(1) (h) as read with s 4(1) of the Domestic Violence Act [Chapter 5:16]. It being alleged that the accused... More
The accused appeared before a Provincial Magistrate at Lupane facing one count of theft as defined in section 113 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23). The accused pleaded guilty to the charge and was convicted and sentenced to 3 months imprisonment wholly suspended on condition accused restitutes the complainant the sum of $1 500 representing the value of the stolen goods. In addition accused was sentenced to 9 months imprisonment of which 3 months was suspended for 5 years on condition that accused does not commit an offence involving dishonesty as an element and for... More
The two accused were charged with the crime of murder. They pleaded not guilty to murder but guilty of culpable homicide. It is alleged that the deceased who was husband to the 1st accused and father to the 2nd accused came home drunk. The statement of agreed facts filed by all 3 counsel reveals that the deceased picked up a quarrel with his wife the 1st accused who apparently had reported an earlier assault to the police. During the quarrel, the 1st accused left the couple’s bedroom and went to sleep with her daughter. The accused followed there and started... More
The accused person faces a charge of murder, it being alleged that on the 31st of January 2021 and in the accused’s bedroom at Nkayi District Hospital quarters in Nkayi, he unlawfully caused the death of Letwin Gotido by pouring methylated spirit on Letwin Gotido’s clothes and then lit a match and set her on fire thereby causing her death later on the 8th of March 2021 at Mpilo Central Hospital More
The two accused persons are facing a charge of murder. They deny the charge.
The state’s allegations were that the two accused were 33 and 28 years old respectively at the time of the murder. The deceased resided at number 20/633Mpopoma, Bulawayo and was 65 at the time he met his death.
On 5 June 2016 in the morning, the deceased went to work his sugarcane and vegetable garden at Steeldale industries in Bulawayo. He was putting on a pair of jean trousers, a brown T-shirt, brown safety shoes, black and a white jacket inscribed with the letter “J” at... More
Accused faces a charge of murder it being alleged that on the 7th of July 2019, he assaulted the deceased Mbonisi Nkomo by stabbing him with a hacksaw blade and thereby causing his death. Accused pleaded not guilty to the charge of murder but offered a limited plea to the charge of culpable homicide. The state counsel accepted the limited plea and the parties drew a state of agreed facts that was tendered and marked exhibit 1. It reads as follows: More
The accused person faces a charge of murder it being alleged that on the 2nd of October 2021 at Village Marawa, 1B, Nembudziya, Gokwe, he unlawfully caused the death of Shepherd Nzomba by hitting him once on the head with the back of an axe and further striking him once with an axe on the right cheek, once on the left cheek and once on the right side of the chest and thereby killing him. He pleaded not guilty and stated that he was acting in self defence. More
The 26 year old accused is facing a charge of murder in contravention of section 47 (1) (a) of the Criminal Law (Codification & Reform) Act (Chapter) 9:23. The state alleges that on 2ndApril 2020 and at Gibson Ndlovu’s homestead, Xhanixhani Line, Tsholotsho the accused stabbed his 52 year old father three times in the stomach and once in the throat, with a knife, thereby causing his death. The accused admits the stabbing but avers that at the time of the commission of the offence he was suffering from mental illness and could not appreciate the consequences of his actions.... More
: This is an application for a discharge in terms of the provisions of section 198(3) of the Criminal Procedure and Evidence Act [Chapter 9:07]. At the close of the evidence for the prosecution, defence counsel applied for the discharge of the accused. The discharge was sought on the basis that at the closure of the State’s case there was no evidence against the accused person which required a reply from him. In terms of section 198(3) of the Criminal Procedure and Evidence Act, [Chapter 9:07], the court shall return a verdict of not guilty if at the close of... More
The accused faces a charge of murder, it being alleged that on the 9th of October 2021 at Fanwell Dube’s homestead, he unlawfully caused the death of Fanwell Dube by striking him several times with a log on the head intending to kill him and thereby causing his death. Accused denies the charge but instead pleads guilty to culpable homicide. 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.
The state alleges that on 6th July 2014 at around 0545 hours the now deceased “Tarisai” met the accused along an unnamed road in Spitzkop Gwanda and asked him about his memory card and cell phone. Earlier on the accused had taken Tarisai’s cell phone for repairs but failed to repair it. He however damaged the touch pad and gave the cell phone back minus the memory card. Upon being asked about the cell phone... More
On the 24th April 2018 at around 20:40 hours the deceased was eating sadza at Mai Sam’s Kitchen, Bigman, York Business Centre, Mberengwa. The accused and the deceased had a misunderstanding at the kitchen. The accused left the scene. The accused proceeded to Deo Shop. The deceased followed and caught up with the accused at Deo Shop. A further misunderstanding soon occurred involving the accused and the deceased. The deceased assaulted the accused with clenched fists. The accused fell down, got up and left Deo Shop heading towards Deo Night Club. After the accused had left, the deceased pursued the... More
MAKONESE J: On the 1st of June 2019 the accused arrived at Silver Sands Lodge, Bulawayo around 20:00 hours. He was in the company of a male adult. Accused booked room 19 for one night. Accused did not immediately take occupation of the room. He proceeded to a strip club in the city where he met the deceased Patience Ndlovu. Accused procured the services of the deceased, a sex worker. The two were sexually intimate in the club before they left for Silver Sands Lodge. Accused bought a 750ml bottle of Vodka with ice and drinks before proceeding to the... More
This was a very protracted trial which commenced on 22 July, 2019 and the defence witness only testified on 16 July 2020, 2020 after which judgment was postponed to today 18th September, 2020. During course of the trial,a trial within a trial was held for the determination of the admission of a warned and cautioned statement and the accompanying video, now exhibits 5(a) and (b) which culminated in a judgment HMA 56/19 delivered on 15 November 2019. We now incorporate this judgment in this final judgment to avoid repetition of some of the issues. 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 21st December 2021 the now deceased, who was the accused’s step-son, came home drunk at around 3a.m and started insulting the accused. The now deceased’s mother intervened and succeeded in diffusing the situation. Later that day at around 1400 hours the now deceased and the accused picked up from where they had left off with the earlier misunderstanding. The accused took a rope, tied the now deceased’s hands... More
