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
A MARRIAGE MADE IN HELL! That certainly could be a perfect title for the tragic end to a tumultuous marriage which appeared doomed from the day the accused started showing signs of mental illness. On hindsight the tragedy could have been avoided. When lives are needlessly lost we all have a duty to remind the responsible public institutions of their duties. A stitch in time saves nine. A little education on mental health issues to the general public and relatives of those who live with people suffering from such conditions may be all it takes to prevent calamities. More
The accused is charged with the murder of Vengai Mabika. The incident took place on 1 March 2012 at house number 1577 Lusaka, Highfield in Harare where the accused resided. More
The accused person is a 50 year old grandmother who has been charged and convicted of three counts of unlawful entry, in contravening of s 131 (1) and (2) ( e) of the Criminal Law (Codification Reform) Act [Chapter 9:23]. She pleaded guilty to all counts and was sentenced to nine months imprisonment on each count. Of the total of 27 months imprisonment, 7 months’ imprisonment was suspended on condition of good behaviour. She is currently serving 20 months. More
The accused is appearing before this court charged with the crime of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on 17 March 2023 he unlawfully caused the death of Vusumuzi Ngwenya referred to as deceased by stabbing him once on the chest and once on the buttock with an okapi knife intending to kill him or realising that there was 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
The accused persons are charged with the crime of murder. The allegations against them are that at 7.30 pm of 30 March, 2023 and at the homestead of one Robert Maphosa, Tjewondo Village in Maphisa, Kezi, they assaulted Robert Maphosa and, in the process, killed or caused the death of, Robert Maphosa (“the deceased”). They allegedly struck the deceased once on the left side of his chin, once on the left ear, once on the back of his head and once on the right side of his head. More
The accused is appearing before this court charged with the crime of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that 23 September 2023 he unlawfully caused the death of Happy Ncube referred to as the deceased by stabbing him with an okapi knife once on the chest intending to kill him or realising that there was 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
The deceased was a towering figure. He terrorised the two accused persons after they accused him of selling fetid meat. He unfortunately came out of the fight he had started and thought he would easily win worse. Remember and Passmore Rangwani are brothers. They are alleged to have killed Jealousy Jiri on 27 February 2022. The allegations specifically state that on that date, each or both of the accused unlawfully and with intent to kill or realising that there was a real risk or possibility that their actions could result in death and regardless of that realisation of risk or... More
In this case the state is seeking the impeachment of its main witness, one Michael Peter Hitschman in terms of section 316 of the criminal Procedure and evidence Act [Cap 9:07] on the grounds that the witness has materially departed from his previous statements. More
We decided to proceed with this judgment without the benefit of counsel for accused’s written closing submissions. This so because counsel had promised to file written submissions by 20 December 2017. This matter has been outstanding for a long time. The accused is alleged to have caused the death of his father Sikhala Zhou who is his namesake by striking him with an axe several times on the head and neck on 6 November 2016 in contravention of s 47 (1) of the Criminal Law Codification and Reform, Act) [Chapter 9:23]. More
