Had it not been tragic, the sordid and grimy events which led to these allegations of murder would have been the perfect script for a horror movie. In another sad reality of the scourge of domestic violence Merjury Murira (hereinafter the accused) appeared before this court charged with the murder of her husband Taruwinga Muhwati. The allegations against her are that on 19 November 2020 at Chisiku village in Pfungwe Mutoko, she struck the deceased once on the chin with an axe intending to kill him or realising that there was a real risk or possibility that her conduct could... More
In this case the accused pleaded not guilty to a charge of murder as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] in which it is alleged that on 11 September 2018 at Gumtree Shop, Chitakatira Village, Chief Zimunya, Mutare the accused with intent to kill, stabbed the deceased with a knife once on the right side of the neck thereby inflicting injuries from which deceased bled profusely and succumbed to death due to massive haemorrhage. The post mortem report prepared by Dr Forgiveness Chitungo concluded the cause of death... More
The accused is a young man of 24 years of age. He was 21 years of age when he allegedly murdered his niece one Alga Lyn Chamisa at Number 7 Cinamon, Close, Ballantine, Chisipite, Harare. The facts and circumstances surrounding the murder of the deceased are to a large extent common cause. What is in dispute is simply the identity of her murderer. More
A thirty-nine-year-old thief, Tafadzwa Kamudyariwa (herein after referred to as “the deceased”), his friend Joseph Mugwambiwa and an unnamed assailant conspired to steal irrigation water pipes at Geluck Farm in Bindura. The state alleged that, on 16 September 2022, they proceeded to Geluck farm. They however aborted their mission when alarm was raised about their unwelcome presence at the farm. The thieves fled to nearby Avonda farm. More
The accused, a 40 year old widow, faces a charge of murder it being alleged that on 2 April 2013 at Minihaha, NyakupingaResettlement Scheme, Nyanga, with actual intent to kill or realising the real risk or possibility that death may result, struck John Muchiriwesi, (56) with an unknown object and a stick thereby inflicting injuries from which the said John Muchiriwesi died. More
The accused is charged with the crime of murder as defined in s 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] it being alleged that on 18 August 2018 and at Muranda Village Chief Zimunya, Mutare, the accused unlawfully caused the death of Brian Kaburamusasa by striking him once on the head with a three legged aluminium pot with the intent to kill him or realising that there was a real risk or possibility that her conduct might cause death and continued to engage in that conduct despite the risk or possibility resulting... More
That the Magistrates’ Court is a creature of statute is a lesson that has been so repeated that every person engaged with the criminal law in one way or another in Zimbabwe knows it by heart. Yet that supposition appears illusory because some judicial officers presiding over such courts seem heedless of that reality. More
1. This is an application for a postponement. The accused was initially jointly charged with two other persons. The matter was first set down for trial for the week starting 26 September 2022. On the 26 September 2022 the accused made an application for a separation of trials, and on the 27 September 2022 the application was dismissed. See: The State v Mawadze HH 676/22. Subsequent to the dismissal of the first application for separation of trials, all the three accused made an application for disclosure of witness statements and other evidential material. On the 29 September 2022 the application... More
This is an application by the defence team, requesting the disclosure of statements of witnesses and some other evidential material in the possession of the State. This application is anchored on the accused person’s right to a fair trial. Mr Mpofu, counsel for the first accused, motivated the application. Mr Maruva, counsel for the second and third accused persons associated with the application. The accused persons request to be furnished with the statement of the doctor who examined the remains of the deceased, statement of five potential witnesses, namely Gay Moyo; Babra Chirenda; Admore Maforo; Casper Makenzie; Chitsone and Chihnamo,... More
In yet another domestic violence related murder, a 4 year old lost his life for soiling his pants much to the chagrin of the step-father. Precious human life was unnecessarily lost in circumstances depicting the dark and cruel side of humanity. The accused Munyaradzi Nyika was charged with murder of his 4 year old step-son. It is alleged that on 18 June 2018 and at Muswere Village, Chief Makoni Rusape, the accused unlawfully caused the death of Denzel Mutungwazi by striking him all over the body with open hands and a stick intending to kill him or realising that there... More
The accused, a 36 year old father is alleged to have raped his 5 year old daughter on an unknown date sometime in December 2003. This is alleged to have taken place at accused’s home at Muchatisi Village under Chief Tandi in Rusape. The allegations were that the accused called the complainant into his bedroom in the afternoon and beat her up before sending her to go and fetch some water. When she came back to his bedroom he ravished her. He fled from the area and was arrested during the month of August 2010. More
In this case the accused pleaded not guilty to a charge of Murder of his mother, in yet another domestic violence related murder. He tendered a plea of guilty to culpable homicide which limited plea the state did not accept and thus the matter proceeded to trial. A fully fledged trial of murder therefore occurred. The state alleged that on 27 January 2020 at Chishaya Village, Chief Tandi, Rusape the accused with actual intention or realising the real risk or possibility that his actions would cause death struck the deceased several times with a stone and bricks on the head... More
The accused, who was the deceased’s husband faced a charge of her murder. The accused’s wife went to fetch water from the well and never returned. She had instead been found strangled to death a few hours later that day. She was a mother of two at the time to a one year old and a six week old baby. The case against him was based wholly on the tally of cumulative circumstantial evidence. More
This is a criminal appeal wherein the accused person was charged and convicted of contravening s185 (1) (b) of the Criminal Law (Codification and Reform Act [Chapter 9:23]. It is alleged that on the 20th of August 2022 whilst under prison officials’ custody, fetching firewood the accused unlawfully escaped from lawful custody. He disappeared into the nearby bush whilst in the company of his inmates and escaped. He was arrested on the same day at the nearby Shopping Centre. He was sentenced to 46 months, with 12 months wholly suspended for 5 years on condition of good behavior. He is... More
This review was placed before me in terms of section 58(3) (b) of the Magistrates Court Act. The charge was phrased as follows: “PHYSICAL ABUSE” AS DEFINED IN SECTION 4 ARW SECTION 3(1)(A) OF THE DOMESTIC VIOLENCE ACT CHAPTER 5:16”. The circumstances were:
“In that on the 22nd day of November 2020 and at Chadley farm, Marondera, Nhamo Chakara unlawfully committed an act of physical abuse upon Jesman Mabhaure his former wife by stabbing her once on the back with a knife intending to cause Jesman Mabhaure bodily harm or realizing that there was a real risk or possibility that... More
