This record was referred to this court by the Regional Magistrate who raised queries on scrutiny of the proceedings presided over by a junior magistrate. The Regional Magistrate’s minute reads as follows:
“STATE v SAMUEL AGERE CRB 120/17
May the record of proceedings be placed before a Judge of the High Court with the following comments from the scrutinizing Regional Magistrate: More
The applicant Sekai Ndoro is the natural mother of Samatha Ruhukwa. She applied to the Mutare Juvenile Court for an order granting her guardianship, and custody of Samatha. The application cites her as the applicant. No respondent was cited though Samatha’s father’s identity is revealed in the applicant’s founding affidavit. More
In this case the deceased Bvumai Luke Sarupango lost his life over allegations of alleged witchcraft. It is alleged by the state that on 17 May 2019 and at Mutunduve Village Chief Saunyama, Nyanga, the accused persons and one or both or more of them unlawfully caused the death of Bvumayi Luke Sarupango by tying him against poles of a shed and assaulting him several times on the buttocks and feet using an iron rod and a sjambock intending to kill him or realising that there was a real risk or possibility that their conduct might cause death and continued... More
The now 24 year old accused person is facing a murder charge, it being alleged by the state that on 29 August 2017 at Imbizo Inn Night Club, in Kwekwe the accused unlawfully caused the death of Nqabutho Ndlovu by stabbing him once on the neck and once on the back with a knife intending to kill him or realizing the real risk or possibility that his conduct may cause death but continued to engage in that conduct nonetheless. More
This matter proceeded as a stated case. The defence had brokered a limited plea which the State accepted. The plea bargaining reduced the charge of murder to culpable homicide. The court found the plea bargaining proper as the State did not have any eye witness to the offence. More
The accused faces a charge of murder as defined in s 47 (1) ( a) or (b) of the Criminal Law Codification and Reform Act [Chapter 9: 23], it being alleged that on the 4th of May 2013 at Odzi Service Station and in the company of one Lucky Ncube, who is still at large, and with intent to kill or realizing 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 by stabbing Bernard Nyika with a knife on the right side of... More
The five accused persons were charged with criminal abuse of duty as public officers as defined in s 174 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations against them were that between 3-23 May 2017, at ZINARA, the five accused had unlawfully and in common purpose with each other, in the exercise of their functions and contrary to their duties as public officers, engaged third party companies to source foreign currency on the informal market on behalf of ZINARA. This was in their capacities as Finance Director, Finance Manager, Accountant, Regional Engineer North, and Director Administration... More
The matter was referred to this court by the scrutinizing regional magistrate in terms of s 58 (3)(b) of the Magistrates Court Act [Chapter 7:10]. She raised issue with the procedure that was adopted by the trial court in light of the fact that the accused is a certified psychiatric patient.
The background of the case is that, on 28 September 2022 the accused requested food from his mother. She in turn asked him to be patient because his supper was not yet ready for consumption as she was still preparing it. Angered by his mother’s response the accused assaulted... More
The accused person faces a charge of murder.
It being alleged that on or about the 4th of September 2018 and at or near Impaluli 22 Mine, Hidden Treasure, in Shurugwi, the accused person unlawfully caused the death of Takunda Moyo.This is a matter wherein factual issues were resolved as the case unfolded and it is thus a very simple and straightforward case factually. The following were tendered into the court record;
1) State summary,
2) Defence outline
3) Accused’s confirmed warned and cautioned statement
4) post mortem report
5) The two spears that were allegedly used in the commission... More
This case involves an allegation of murder of one brother by the other blood brother. It is the State’s contention that on 15 August 2017 and at Village 51 Nyamusosa, Mayo, the accused unlawfully caused the death of Gabriel Masomera by striking him with a log once on the head with the intention to kill him 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, resulting in injuries from which Gabriel Masomera died. The accused pleaded not guilty to the charge... More
The two accused persons were jointly charged with four counts of stock theft. They pleaded not guilty to all the counts but were convicted of all the counts at the end of a full trial. More
This is a case in which the accused is charged with murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The state alleges that at Railway Motor Services, Mutare, on 15 February 2018 the accused unlawfully caused the death of Wellington Tatenda Museve by shooting him in the head with a pistol intending to kill him or realising 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 resulting in head injuries from which Wellington Tatenda Museve... More
This is an automatic review matter brought in terms of s58 of the Magistrates Court Act, [Chapter 7:10] at the behest of the scrutinizing magistrate. There has been an apparent conflict in the interpretation of the concept of victim impact statement between the trial Magistrate and the scrutinizing magistrate. Both parties strongly maintain that their position is the most accurate even after exchanging notes. In view of those divergent views a brief over view on the concept is necessary. More
the two accused step brothers are jointly charged for Murder as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. The state alleges that at Machona Village, Chief Garahwa, Chipinge, the accused persons both and each or one of them unlawfully caused the death of Manyowa Simango by assaulting her with unknown objects all over the body intending to kill Manyowa Simango or realising that there was a real risk or possibility that their conduct might cause death and continued to engage in that conduct despite the risk or possibility resulting... More
The accused is charged with the murder of his wife which allegedly occurred in the course of domestic violence on 3 October 2008. Dr N Gonzalez examined the deceased’s remains on 9 October 2008 where upon he compiled a post mortem report. More
