Prosper Chagunda of Ndamba village in Mudzi (hereinafter referred to as “the accused”) appeared before us charged with the crime of Murder in contravention of s 47(1) of the Criminal Law( Codification and Reform) Act [Chapter 9:23] (hereinafter referred to as “the Code”) The allegations against him are that on 22 April 2022 at Mapombo business centre in Mudzi, he unlawfully and intentionally caused the death of Nyasha Mungazi (hereinafter referred to as “ the deceased”) by striking him with a log on the head or realizing that there was a real risk or possibility that death may occur, persisted... More
Accused persons who were, at the time of the commission of the offence, security guards manning a mine site, shot and killed the deceased person. In the process, two members of the deceased’s gang were shot. As a result, they have been arraigned on 1 count of murder and 2 counts of attempted murder. More
The five accused persons are charged with murder it being alleged that on 15 of April 2006 acting in consort and common purpose the accused persons unlawfully with intent to kill murdered Onismus Zikumva by stabbing him once in the chest with a knife and assaulting him all over the body with open hands, booted feet and fists. More
All the six accused persons are charged with treason. They are alleged to have conspired to unconstitutionally overthrow the lawful government of Zimbabwe in contravention of s 20 of the Criminal Law (Codification and Reform Act [Cap 9:23]. More
A plea of guilty should be genuine,unequivocal and freely made. It should not be accompanied by any explanation which impacts upon the admission of guilty. Once such an explanation props up the plea should be altered to “not guilty”. Despite numerous judgments by this court emphasizing this point the lower courts continue making the same mistake of proceeding with a plea of guilty when evidence points otherwise. This case is yet another example of such a misdirection. More
On 21 June 2024, the accused, a 38- year old unemployed man, visited the police station in Mahusekwa. Unprovoked, he began hurling obscenities at the police officers and everyone present at the station. He then removed a nearby washing line and issued threats to assault children who were playing outside, causing them to scurry away to safety. In response to the chaos the accused was creating at the station, a courageous officer, Frank Mutasa tried to restrain him and with great difficulty, managed to confine the violent accused in the police holding cells for disorderly conduct. The accused was however... More
The accused person faces a charge of murder in contravention of s47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (hereinafter the Criminal Code). The allegations against him are that on 9 May 2020 in Wenimbi, Marondera, Fungai Chiwaya unlawfully and intentionally caused the death of Laque Jonasi by striking him on the back of the neck with a machete or realising that there was a real risk or possibility that death may occur he persisted with his conduct despite the risk or possibility. Laque Jonasi died from the injuries sustained during the attack. More
It is this court’s duty in reviewing matters which come on automatic review as per its mandate in terms of s 70(5)(a) of the Constitution of Zimbabwe and s 57(1) of the Magistrates Court Act [Chapter 7:10] and s 29 of the High Court Act [Chapter 7:06] to consider among other things the justifiability of the sentence imposed on an unrepresented accused person. This duty has to be taken seriously. This ensures that despite lack of legal representation an accused is treated fairly. The procedure provides a safeguard against arbitrariness and in certain circumstances abuse of power. More
Godknows Tafadzwa Ringoziva (hereinafter referred to as the accused) appeared before us charged with the crime of murder as defined in Section 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The state alleged that on 14 January 2023 and at Kanengoni Village, Chambare, Manyene under Chief Chinyoka in Featherstone, the accused person unlawfully and with intent to kill or realizing that there was a real risk or possibility that death might occur assaulted Mary Mubata (herein after referred to as the deceased) a nonagenarian aged ninety-three years (93) by kicking her all over the body and... More
The record of proceedings in this case was placed before me accompanied by a minute from the scrutinising regional magistrate at Harare. The accused was charged with the offence of culpable homicide in contravention of s 49 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was convicted on his own plea of guilty and sentenced as follows: More
The accused, Mr. Kholwane Nkiwane, is appearing before this court charged with the crime of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) [Act Chapter 9:23] (Criminal Code). It being alleged that on 13 November 2021 he stabbed Bambeni Ndlovu (deceased) intending to kill her or realising that there is a real risk or possibility that his conduct may cause the death of the deceased and continued to engage in that conduct despite the risk or possibility. More
Following the passing of sentence in this case whose judgment is now unreported under case no HH 458/18, the accused’s counsel Mr Rubaya advised the court that he had instructions to make an application for leave to appeal. An application for leave to appeal is made in terms of order 34 of the High Court Civil Rules. The application by Mr Rubaya was being made pursuant to r 262 in terms of which the convict makes an oral application immediately after sentence for leave to appeal. The grounds for making the application should be stated and recorded as part of... More
: The accused pleaded not guilty to the charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [ Chapter 9:23] (the Criminal Law code). The deceased was her husband of 2 years and they had one child together. More
The accused was convicted by the Provincial Magistrate sitting at Kadoma on two charges. The first conviction was on a charge of stocktheft as defined in section 114 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] for stealing one cow. The other conviction was on charge of theft as defined in section 113 of the Criminal Law Code for stealing a plough and a board. The charge of stocktheft calls for a minimum mandatory sentence of nine years if there are no special circumstances. (See s 114 (2) e as read with subsection 3). Subsection 3 imposes the... More
Porinah Nyamayaro (the deceased), a septuagenarian lived in complete peace and relative comfort at her modest rural homestead. Ironically she died a violent death at the hands of an assailant who attacked her at night after she had disturbed him from stealing her property. Leeroy Mhunza (the accused), was apprehended on the same night that the deceased was assaulted and left for dead. He was charged with the crime of murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9: 23] (the Criminal Law Code). It was alleged that on 7 February 2022... More
