The Chief Magistrate requested that the record of proceedings in the matter of State v Brian Katiyo CRB B 978/15 be placed before a judge of this court with the following comments:
“Reference is made to the above matter." More
The issue which arises in this matter is a novel one. This matter was referred to this court by the learned Provincial Magistrate for Masvingo under cover of a minute dated 20th July 2014. The said minute summarised the history of the matter and explained why the matter was being referred for review. In essence the learned Provincial Magistrate wanted to be advised whether this matter is a partly heard matter. Two of the Magistrates which had dealt with it had arrived at different conclusions. Further, the learned Provincial Magistrate inquired whether a fellow Magistrate could competently go against the... More
A plea of 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] was tendered by the accused when he appeared before this court for trial. More
The accused stand charged with murder. It is alleged that on 26th May 2012 and at Chimukoko Business Centre the accused or one or both of them unlawfully and with intent to kill or realising that there was a real risk or possibility that their conduct might cause death, caused the death of Cephas Magura by assaulting him with stones and logs several times all over the body thereby killing him. More
The 6 accused persons were indicted for murder as defined in s 47 (1) (a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. The indictment alleged that “On 16 March 2014, the accused persons and the accomplices, unlawfully and intentionally caused the death of Jacob Zifingo by drowning him into 1-5 metres deep pool in Zisokwe River, Gomo Village in Madziwa.” All the 6 accused persons pleaded not guilty. The indictment was woefully drafted for want of such material averments such as that, the accused persons acted jointly in the enterprise. There is also reference to accomplices whose... More
This review judgment has been occasioned by the rather incomprehensible conduct by the learned Provincial Magistrate based at Masvingo Magistrates Court. It is difficult to understand as to why the learned Provincial Magistrate with all his experience would conduct himself as a loose cannon. The baffling thing is why he decided not to follow simple, straightforward and clear instructions outlined in the Order granted by this court. What is unfortunate is that the learned Provincial Magistrate would want to make this court part of the patently injudicious antics. More
The 37-year-old accused of Mateko village, Chief Ndanga, Zaka in Masvingo was arraigned before the Senior Regional Magistrate at Chiredzi for raping his 13-year-old daughter in grade 7 on six different occasions in 2018. More
