The two matters were brought before me for review. I decided to dispose of both matters in one review minute as both records were presided over by the same magistrate. Further in both records the accused were convicted of unlawful entry and theft. Both records reflect effective imprisonment terms. The issues that arise in respect of both records are the same. More
This matter once again rekindles the age -old debate on the extent to which a court may disregard or otherwise depart from the findings of an expert in a criminal trial. The record of proceedings was referred to this court of review accompanied by a note by the regional magistrate who presided over the trial. The first two paragraphs of the minute read:
“I am the trial magistrate in this case. I forward this record for review as a result of an administrative instruction on 19 September 2024 for me to do so. The basis of the review as per... More
These records have not been processed as timeously as the court would have wanted to. It is trite that review matters should be accorded urgent attention. The court is also mindful of the adage that justice delayed is justice denied which is also a judiciary constitutional mandate. However, in the same breathe justice hurried is justice aborted. More
The offender appeared before this court charged with the crime of murdering his wife. After a contested trial, we dismissed his protestations and convicted him of the murder. Briefly, the facts proven at trial were that on the fateful night the offender who had earlier in the day been merry-making with the deceased had together with her consumed an entire 750 ml bottle of gin. That drink had an alcohol volume of up to 43%. The couple later had a misunderstanding over the deceased’s refusal to prepare supper which was expected to have taken place soon after the restoration of... More
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
This case makes sad reading. In one way or another, many people and institutions appear culpable for the death of Talitakumi Mangena, an infant aged only seven months and the subsequent charges of murder against Felistas Mpofu (the offender) who was its mother. The offender grew up as an orphan. Both her parents died when she knew nothing. She said she was then raised by her mother’s brother. She dropped out of school at form two presumably because the uncle could not afford her tuition. She sought employment and became a shopkeeper at a business centre called Mberengwa Turn Off.... 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
