This matter came before me on automatic review from the Regional Magistrates Court. The accused was charged with 2 counts as follows count (1) contravening s 65 of the Criminal Law (Codification & Reform) Act [Chapter 9:23] i.e. to say rape (ii). Contravention of s 70 of the Criminal Law (Codification & Reform) Act [Chapter 9:23] i.e. having sexual intercourse with a young person. Accused pleaded guilty to both counts which the court recorded to have been accepted in terms of s 271(2)(b) which although not recorded has come to be a reference to the Criminal Procedure & Evidence Act... More
On 26 January I delivered a brief ex tempore judgement dismissing applicant’s quest to be released on bail pending his trial on a murder charge (i.e. contravening section 47 (1) of Criminal Law (Codification and Reform) Act, [Chapter 9:23]). A request was subsequently made for me to furnish the reasons informing that decision,which I now proceed to do. No oral submissions were made by the parties and the application was decided solely on the papers filed by the parties in support of their respective positions. This followed the provisions of Practice Direction 02/21 permitting such procedure. The said Practice Direction... More
The deceased Malunga aged twenty-seven years suffered one of the most vicious, atrocious and brutal deaths at the hands of the accused person and two of his accomplices now at large. His most pivotal vital organs the heart and the lungs were lacerated. More
[1] This record has been placed before me for review at the instance of the scrutinising regional magistrate sitting at Harare. The referral is in terms of s58 (3) (b) of the Magistrates Court Act [Chapter 7:10] which empowers the scrutinising regional magistrate, if it appears to him or her that doubt exists whether the proceedings are in accordance with real and substantial justice, to cause the papers to be forwarded to the registrar, who shall lay them before a judge of the High Court in chambers for review in accordance with the High Court Act [Chapter 7:06]. More
[1] On 21 November 2018 the accused was convicted on a charge of murder as defined in s 47(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code) and sentenced to death.
[2] Since the death penalty was abolished with the coming into force of the Death Penalty Abolition Act [Chapter 9:26] the matter is now before us for the accused to be sentenced afresh.
[3] The court found that on 10 December 2015 and at Kent Farm, Marondera, the accused caused the death of Patrick Phillimon by hitting him with a flat iron bar... More
A terminally ill juvenile aged 18 years was arrested and charged for contravening section 89(4)C of the Postal and Telecommunications Act Chapter 12:05, alternatively, section 10 of the Copper Control Act Chapter 14:12, that is found in possession of copper wires without a license. Both statutory offences carry a specified mandatory prison term with the latter a ten- year automatic custodial sentence. He was convicted of the alternative charge and acquitted on the main after tendering a guilty plea. The trial court found no special circumstances and sentence him to an effective ten- year mandatory sentence. More
The two accused persons are jointly charged with the offence of murder
as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
The accused is facing a charge of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations against him are that on 7 December 2010 at about 2100 hours and at Kandeya Township, Mount Darwin, the accused unlawfully caused the death of the now deceased Alex Jomboro by shooting him in the head intending to kill him or despite realizing that there was a real risk or possibility that his conduct might cause death continued to engage in the conduct. The accused pleaded not guilty to the charge and tendered a defence... More
This matter was referred to me by the scrutinising Senior Regional Magistrate for the Eastern Division who felt that it needed urgent attention as there was a likelihood of a grave injustice occurring given that the accused person had been given an unjustified term of imprisonment. More
The accused is charged with murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23], it being alleged that on 8 January 2018 and at village 3, Beconkop Farm, Shurugwi he unlawfully caused the death of Batsirai Shava, by striking her with an axe once on the head and once below the left jaw, intending to kill her or realizing the real risk of his conduct causing death and continued to engage in that conduct nonetheless. More
The accused has been arraigned on a charge of the crime of conspiracy to commit murder as defined in section 188 (1) as read with Section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] in that on the 30th day of May 2017 and at Dirozvi Meeting Place Lodges Chivhu the accused person unlawfully and intentionally entered into an agreement with Obert Juru for the killing of Makanaka Vhutani intending by the agreement to bring about the commission of murder or realising that there was a real risk or possibility that the agreement may bring about the... More
The two accused persons were facing a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform Act [Cap 9:23]. The charge being that accused 1 Taruziva Sithole (hereinafter accused 1) and accused 2 Shackmore Dube (hereinafter accused 2) both age 38 years and 28 years respectively and in Village 3, Wedza block, Chief Mazhetese, Mwenezi, Masvingo unlawfully caused the death of Irene Sithole (hereinafter Irene) a juvenile aged 7 years by assaulting her all over the body with switches intending to kill her or realising that their conduct may cause death and continued to... More
The proceedings in this matter are not only marred by procedural irregularities but also involve issues of substantive law. This matter was referred to this court ostensibly for my views by the Gutu Resident Magistrate. This was after the accused was convicted of contravening section 189 as read with section 65 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] which is attempted rape. The accused had pleaded guilty to the charge and was duly convicted. However before sentence the Gutu Resident Magistrate, to her credit, had second thoughts on the propriety of the conviction and sought the... More
The record of this matter was referred to me with a note from the scrutinizing magistrate. The accused was arraigned before the court facing a charge of contravening section 29 (1) of the Medicines and Allied Substances Control Act [Chapter 15:03] as read with the nineth and tenth schedules of S I 100/1991. He was convicted on his own plea to possessing unregistered medicine. The Scrutinizing Magistrate queried the propriety of the charge and whether in view of the quantities involved possession would be inferred to be for purposes of personal use. The trial magistrates’ response was that the accused... More
On 6 February 2022, Tatenda Manyani a twenty-two year old young man, (herein after referred to as “the accused”), allegedly brutally attacked Emmanuel Choponyera (herein after referred to as “the deceased) at Cornerstone Junior school in Nyatsime Chitungwiza. The accused is alleged to have used booted feet and other unknown objects to indiscriminately assault the deceased. He also dragged him along a paved road. The assault resulted in fatal injuries. Following that violence, Tatenda Manyani was dragged before us, to answer to a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter... More
