This matter was placed before me on automatic review in terms of s 57 of the Magistrate Court Act [Chapter 7:10] as the unrepresented accused had been sentenced to a period in excess of twelve months imprisonment. More
On 1 November 2010 the accused and the deceased were drinking traditional beer at one Jestina Mutasa’s homestead at Munhungeyi Village, Chief Nhema, Zaka. The two had a misunderstanding which led the accused to fatally stab the deceased on the right side of the chest with an okhapi knife. More
The record of proceedings in this case is redolent of irregularities. These are they:
1. The accused was arraigned before a provincial magistrate (G.Gogo) sitting at Bikita facing a charge of contravening s 114 of the Criminal Law (Codification and Reform) Act, [Cap 9:23] on 27 September 2011, it being alleged that he had stolen two head of cattle. More
The accused was arraigned before the court on a charge of 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 on 22 November 2013 and at Plot 41, Manda Chief Makoni Rusape, the accused person unlawfully and with intent to kill 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 struck Kelvin Mutambanuki several times on the head using a steel hoe thereby causing severe injuries... More
The accused persons have been arraigned in this court on a charge of murder. On reflection before commencement of trial, the State reduced the charge to culpable homicide. The State and defence came up with a charge of culpable homicide and a Statement of Agreed Facts. The accused persons pleaded guilty to culpable homicide. The deceased and the two accused were blood brothers with the deceased being the eldest.
It is the State’s contention that on 7 January 2015, the accused persons unlawfully caused the death of Gibson Taguma by assaulting him with fists and booted feet all over his... More
Both accused appeared before the court facing murder allegations as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It is alleged that on 12 October 2015 at around 0300 hours and at Chemushowe Business Centre, Chief Chitsunge, Buhera, the two accused persons interchangeably assaulted the now deceased using switches all over the body several times. The deceased sustained serious injuries from which he died. The body was examined by Doctor Tendayi Mutsvayi who concluded that cause of death was haemathorax (in simple terms collection of blood between chest walls and... More
The respondents were placed on remand on charges of public violence as defined in s 36 of the Criminal Law (Codification and Reform) Act. [Cap 9:23]. The magistrate at Nyanga, before whom they appeared, admitted them all to bail under specified conditions. Counsel for the State then immediately advised the court a quo that the State intended to appeal against the decision in terms of s121 of the Criminal Procedure and Evidence Act. This is the appeal against the decision of the magistrate More
The accused is a 39 year old foreigner cherishing his domicile in Blantyre Malawi. On the night of 30 June 2013 he was driving a Volvo BUSSCAR bus registration number BS 358 which was towing a trailer registration number BR 9065 with 51 passengers on board, headed for Harare. At about 20.30 hours (both the charge sheet and the State outline are silent on the time of the day whether by design or oversight), at the 220 km peg he hit a black cow which had invaded the road from the right side and was in the middle of his... More
A fourteen-year-old boy was sentenced to an effective 5-year imprisonment term. He had been convicted of rape in terms of section 64 (1) as read with section 65 (1) of the Criminal Law Codification and Reform Act [Chapter 9:23]. It is alleged that he had raped a minor girl aged four years at the time of the commission of the offence. The minor had visited the accused’s room looking for her friend. Reportedly, accused took advantage of the child, dragged and placed her on a sofa and committed some indecent acts through her anal organ, before raping her. More
In this case precious human life was unnecessarily lost in circumstances were it would have been avoided. The right to religion as provided for in our Constitution was irresponsibly exercised to the detriment of the fundamental right to life. What occurred in this case lays bare the evils associated with religious extremism. In this murder trial the court is to determine whether or not the accused had the requisite intention to commit the crime of murder levelled against him. More
: The appellants were on their own pleas of guilty, each convicted of theft as defined in s 113(1)(b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. They were sentenced each to 36 months imprisonment of which 6 months imprisonment was suspended for 5 years on condition of good behaviour. They now appeal against sentence only. More
The accused was charged with murder as defined in s 47 of the Criminal law (Codification and Reform) Act [Chapter 9:23] (“the Criminal Law Code”). He pleaded notguilty. More
In this case a 10 year old lost life in a cruel and violent manner. She must have died a painful death when she was struck with a sharp edged hoe causing the skull to crack and open. It is alleged by the State that on 28 March 2016 and at Nyikadzo Village, Chief Mutema Chipinge, the accused Dumiso Ngadziore unlawfully ceased the death of Janet Mutisi by striking her with a hoe and stick on the head and knees intending to kill her or realising that there was a real possibility that his conduct might cause death and despite... More
The accused persons pleaded not guilty to the charge of murder they are facing.
The State’s allegations
It is alleged that on the 7th of October 2022, the accused confronted the deceased who was drinking beer with his colleagues in front of the guard room near Nenyere Flats in Mbare, Harare. The accused persons demanded that the deceased and his colleagues vacate the piece of land they had taken. When the deceased’s colleagues told the accused persons that they had nothing to do with the said piece of land, the accused persons started to assault the deceased on the head... More
The accused was initially charged with murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It is alleged that on 7 June 2017 and at Ratelshoek Tea Estate, Chipinge, the accused unlawfully and with intent to kill 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 shot Tinashe Gwiza in the head with a 12 Bore Pietro Beretta shotgun once thereby inflicting injuries from which the said Tinashe Gwiza died. The accused pleaded not... More
