MAKONESE J: On the 29th day of July 2020 and at Zimbili Business Centre, Fort Rixon area, accused stabbed the deceased one Carlton Mnkandla with a sharp stick in the chest. The deceased sustained serious injuries and died from injuries suffered in the attack. The accused is aged 39 years. He is facing a charge of murder. He denies intentionally causing the death of the deceased but avers that death was accidental. Accused’s defence counsel confirms that the accused is tendering a plea of guilty with respect to the lessor charge culpable homicide. More
KABASA J: The accused faces a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform)Act, Chapter 9:23, in that on 9th December 2020 at Maswabisa General Dealers Store, Janjanja Shopping Centre, the accused unlawfully struck Mncedisi Ndlovu with a log several times on the head and on the hands intending to kill Mncedisi Ndlovu or realizing that there was a real risk or possibility that his conduct may cause death but continued to engage in that conduct despite the risk or possibility. The accused pleaded not guilty to murder but tendered a limited... More
The above record was referred to the Registrar for placement before a judge following a query raised by the scrutinizing magistrate on the impropriety of how the trial magistrate formulated the sentence imposed on the accused following the accused’s conviction. More
These four matters were dealt with in separate trials by the same Bulawayo magistrate. The matters raise a similar issue, as will appear below. These four accused persons, in different records were convicted and sentenced by a Bulawayo magistrate for various crimes. In respect of Isheunopa Sibanda, the allegations were that: on the 15 March 2020, at Broadwell Farm, in Umguza-, the accused unlawfully hunted an Eland in contravention of section 59(1) (a) of the Parks and Wildlife Act [Chapter 20:14], and he was sentenced to a fine of $2000, in default of payment, 3 months’ imprisonment. In addition, 3... More
MAKONESE J: The accused is charged with murder in contravention of section 47 of the Criminal Law (Codification & Reform) Act (Chapter 9:23). It being alleged that on the 11th of July 2020 and at house number 1261 Old Luveve, Bulawayo. The accused stabbed one NkosinathiNdlovu once in the chest with a knife intending to cause his death or realizing that there was a real risk or possibility that his conduct may cause the death of his victim. More
KABASA J: The accused appeared before us on a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. He pleaded not guilty to murder but tendered a limited plea to culpable homicide. The state did not accept the limited plea. More
MAKONESE J: The accused is facing one count of murder in aggravating circumstances as defined in section 47(1) (a) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). It is alleged that on 9th October 2019 at Polite Nkomo’s homestead, Madlambuzi, the accused acting in common purpose with two other accomplices caused the death of MainaMoyo an 82 year old female adult. The accused denied the charge. On the second count accused is facing a charge of robbery in contravention of section 126 (1) of the Criminal Code. The allegation being that on the same day and at the... More
