The concession by Ms Busvumani for the State at the close of the state case that the State had not been able to prove the charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Cap 9:23] is not only properly made at law but professional. After all the State witnesses had testified it was clear that a charge of murder was not sustainable in the circumstances. More
The issue which arises in this matter is a novel one to say the least.
This matter was referred to me by a Magistrate at Chiredzi for what is called “guidance”. I assumed that I am being requested to exercise my review powers as provided for in s 29(1) of the High Court Act, [Cap 7:06]. The background facts of the matter would be useful in the circumstances. More
: I am amazed by the reasoning of the trial Magistrate in this matter. The mind boggles why a lot of time and resources were wasted in this case by embarking on a trial when the accused was clearly pleading guilty to the charge. To make matters worse, the trial Magistrate decided to convict the accused on a charge or offence which is not even a permissible verdict. The faulty and warped reasoning by the trial Magistrate is that since theft entails an element of dishonesty it would stand to reason that fraud which also entails an element of dishonesty... More
The accused is arraigned on charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The now deceased Rosemary Munodzana was the accused’s estranged wife and they had three children together. More
