The two accused persons are brothers. They pleaded not guilty to a charge of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. The details of the charge were that, on 29 September, 2013 at Hidden Valley Farm, Mazowe, the two unlawfully and with intent to kill struck the deceased Stanley Tembo with a stone on the head thereby inflicting injuries which resulted in the death of the deceased. More
This was an application for bail by Accused 2 pending the resumption and completion of trial.
Accused 2 was jointly charged with Accused 1 with murder as defined in s 47[1] of the Criminal Law [Codification and Reform] Act, [Cap 9: 23]. The allegations against them were that on 28 September 2015, in rural Bikita, Masvingo, one or other of them unlawfully caused the death of one Farai Manyanga [hereafter referred to as “Deceased”] by hitting him with logs on the head multiple times thereby inflicting a depressed skull fracture and cervical spine subluxation, with the intention of killing him... More
The delay in finalising this trial was occasioned by the absence of the doctor who performed the post mortem on the remains of the now deceased. The said doctor had relocated to Namibia and it took time to put logistical arrangements to enable him to travel to Zimbabwe to testify. As will fully more appear in this judgment the doctor’s evidence is very critical in this case. More
Jeremiah Saungweme (the accused) was a security officer with a private security company called VS Security. He together with others was deployed to guard Shamva Gold Mine against the somewhat incessant invasions of its gold fields by illegal artisanal miners colloquially called amakorokoza. In his zeal to discharge his duties, he is alleged to have shot and killed one of the illegal miners called Willard Silas (the deceased). More
The accused is a 68-year-old female first offender. She is married and has 6 children. She has two grandchildren that she stays with. She pleaded guilty to driving a private motor vehicle without a licence in contravention of s 6 (1) of the Road Traffic Act [Chapter 13:11]. She also pleaded guilty to culpable homicide as defined in s 49 (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] as read with s 64 (3) of the Road Traffic Act. More
The accused and deceased were husband and wife. In a domestic violence related matter the deceased lost her life due to physical abuse at the hands of her husband the accused. The accused was arraigned before this court on a charge of murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
At the commencement of the trial the accused who pleaded not guilty to the charge took an exception in terms of s 171(2) of the Criminal Procedure and Evidence Act [Cap 9.07]. The relevant provision dealing with exceptions provides as follows:-
“171. Exceptions
(1) When the accused excepts only and does not plead any plea, the court shall proceed to hear and determine the matter forthwith and if the exception is overruled, he shall be called upon to plead to the indictment, summons or charge.
(2) When the accused pleads and excepts together, it shall be in the discretion of... More
The trial Magistrate in this matter has deliberately avoided to answer to the queries which I raised in a very clear manner in my review minute. It is important for trial Magistrates to apply their minds to queries raised on review to ensure that less time is wasted dealing with the same issues. More
The accused was on his own plea of guilty convicted of cultivating 52 plants of dagga in contravention of s 156 (1)(b) of the Criminal Law (Codification and Reform) Act, [Cap 9:23], (the Act). He was sentenced to 84 months imprisonment of which 24 months were suspended for 5 years on condition that he does not within that period commit any offence involving cultivation, possession or selling of dagga. The dagga was forfeited to the State. More
The four accused pleaded not guilty to the murder of their own father.
The events leading to the charge of murder can be set out as follows.
There were trials and tribulations in the Chigayi family. That family in issue being the nuclear family headed by the now late Sam Chigayi. More
The accused was charged with the murder of Timoti Lunga his neighbour in contravention of s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].It is alleged that on the 20th of June 2020 and at Matibilila Village, Chief Negande, Siakobvu, Kariba he unlawfully and with intent to kill, or realizing that there was a real risk or possibility that his conduct may cause death, continued despite the risk and struck the deceased with an iron bar several times on the head causing fatal injuries. The accused tendered a special plea of not guilty by reason of insanity. More
: In S v Tevedzayi TSANGA J painted a graphic picture of the amount of violence going on against women in a lot of homes when she said:
“An increasing number of cases brought before the courts reveal that far too frequently the bedroom has become a deadly environment for women as a result of men’s violent outbursts in the resolution of disputes. Women have been clobbered, booted, strangled, stabbed, or slashed to death by their spouse in the confines of the bedroom, all the while by men who would have the courts believe that but for their wife’s sluttish... More
The accused was convicted following his plea of guilty to a charge of“Rape”(contravening section 65 (1) of the Criminal Law codification and Reform) Act, [Chapter 9:23](The Criminal Code). The agreed facts are that on numerous occasions he had sexual intercourse with SamanthaMaregedze (the complainant) a female juvenile aged 7 years who at law is incapable of consenting to sexual intercourse.He was subsequently sentenced to 3 years imprisonment which was wholly suspended for 5 years on the usual conditions and the record of proceedings was submitted to this court for automatic review. More
The accused faces a charge of murder, in contravention of s47(1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (hereinafter called “Code”), it being alleged that he caused the death of Sydney Zuruvi (hereinafter called “the deceased”), by stabbing him with a kitchen knife all over his body thereby inflicting mortal wounds. More
When I got seized with this matter for review, I conferred with my brother Judge and with his concurrence I instructed my then clerk to arrange for the immediate release of the accused. The following are the reasons which informed my decision. More
