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
This case came to me for automatic review of the criminal proceedings in terms of section 57 (1) of the Magistrates Court Act (Chapter 7:10) as read with section 29 (1) of the High Court Act (Chapter 7:06). I then noted a litany of irregularities of which the most prominent ones which I invited the trial magistrate to comment upon were that there was no explanation of the purpose of cross examination to the unrepresented convict throughout the trial, there was also no explanation why the convict had not been invited or advised to sum up his case in terms... 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
The accused is facing a charge of murder to which he pleaded not guilty. It is alleged that on 9th September 2021 at around 1800 hours the accused arrived home and started shouting at his two sons, accusing them of leaving the kitchen hut exposed to rain. He armed himself with a knobkerrie, ordered the two boys, aged 13 and 11, to lie down and proceeded to assault them with the knobkerrie. He thereafter ordered the younger boy to go and pen the goats whilst he remained assaulting the now deceased. After the assault the now deceased staggered out of... More
The accused is charged with murder as defined in section 47 of the Criminal Law (Codification and Reform) Act, Chapter 9:23, in that on 15 October 2022 at MH Bottle Store, Dulutsha Business Centre, Siganda in Inyathi, the accused unlawfully caused the death of Ardlife Sema by striking him once on the head with a log, intending to kill him or realising that there was a real risk or possibility that the accused conduct may cause death but continued to engage in that conduct despite the risk or possibility. More
KABASA J: The accused appeared before us on a charge of murder as defined in s47(1) of the Criminal Law (Codification and Reform) Act, chapter 9:23. He pleaded not guilty to the murder charge but tendered a plea of guilty to culpable homicide, which was accepted by the state.
To that end the state tendered a statement of agreed facts. The facts are to the effect that: More
The 3 accused persons (originally 4) are facing a charge of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act Chapter 9:23.
The state adduced oral evidence from five (5) witnesses. The deceased was Emmanuel Khulekani Moyo who at the time he met his death was 26 and resided at number 238, 10th Street, Makokoba. It was the state’s case that on 24 May 2010 at about 2130 hours the deceased was walking home when he met the four (4) accused persons at the corner of 6th Street and 4th Road, Makokoba, Bulawayo. They demanded... More
The accused Mr Nkosilathi Moyo, is indicted before us for the murder of the deceased person. He was arraigned on 28 July 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 29th August 2018 and at house number 9136 Methodist Village, Bulawayo, the accused person unlawfully caused the death of Marvellous Ncube (who shall henceforth be referred to as the deceased)by striking him with a knobkerrie on the left side of the forehead intending to kill him or realising that there is... More
This matter was placed before me on automatic review. The accused person was arraigned before the Regional Court- Western Division, Gwanda. The accused was charged with two counts; count 1 of contravening section 126 of the Criminal Law [Codification and Reform] Act Chapter 9:23, it being alleged that; on the 5th November 2019, at ZRP Filabusi main camp, he unlawfully and intentionally used violence against the complaint and took cash amounting to ZWL$180-00, and a black galaxy A2 core cell phone. In count 2, it is alleged that; on the 5th November 2019, at ZRP Filabusi, main camp, accused, a... 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. A plea of not guilty was entered although the accused admitted killing the now deceased. More
The accused, a female who was aged 19 at the time of the commission of the offence has been arraigned in this court on a charge of murder in contravention of s47 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23). The deceased was a female aged 15 years at the relevant time. The accused pleads not guilty to the charge and tenders a plea of guilty with respect to the lessor charge of culpable homicide. The state accepts the limited plea. The background facts to the matter are summerised in a statement of agreed facts tendered into... More
The accused is charged with murder as defined in section 47 (1) of The Criminal Law (Codification and Reform) Act (Chapter 9:23), (The Code). The specific allegations are that on the 24th of January 2018 and at Makokwe village, Gungwe area Guyu, Gwanda, the accused person assaulted the deceased with an unknown object once on the head intending to kill the deceased or realising that there is a risk or possibility that his conduct may cause death of the deceased continued to engage in that conduct despite the risk or possibility. The accused pleaded not guilty to the charge. More
