This case came to me for automatic review of the criminal proceedings in terms of section 57 (1) of the Magistrates Court Act (Chapter 7:10) as read with section 29 (1) of the High Court Act (Chapter 7:06). I then noted a litany of irregularities of which the most prominent ones which I invited the trial magistrate to comment upon were that there was no explanation of the purpose of cross examination to the unrepresented convict throughout the trial, there was also no explanation why the convict had not been invited or advised to sum up his case in terms... More
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. A plea of not guilty was entered although the accused admitted killing the now deceased. More
The accused are charged with the crime of murder as defined in section 47 of the Criminal Law [Codification and Reform] Act [Chapter 9:23] (“Criminal Law Code”). It being alleged that on 5 June 2017 the accused persons wrongfully, unlawfully and intentionally killed and murdered Thengile Nyathi (“deceased”) by assaulting him with open hands and kicking him all over the body intending to kill him or realising that there is a real risk or possibility that their conduct may cause the death but continued to engage in that conduct despite the risk or possibility. More
The accused is appearing before this court charged with the crime of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on 17 October 2023 he unlawfully caused the death of Bekezela Ncube referred to as deceased by striking him four times on the head with a log intending to kill him or realising that there was a real risk or possibility that his conduct may cause the death of the deceased and continued to engage in that conduct despite the risk or possibility. More
The accused are appearing before this court charged with the crime of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“Criminal Law Code”). It being alleged that accused 1, accused 2 and one Justice Mbedzi - who is not in this trial - on 26 December 2021 assaulted Cleoparton Nyathi (“deceased”) by stabbing him with a knife, assaulting him with mopane switch and hitting him with stones, intending to kill him or realising that there was a real risk or possibility that their conduct may cause the death of the deceased and... More
] This is a review at the instance of the presiding regional magistrate. The offender was charged with the crime of rape as defined in s 65 as read with s 64 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (Criminal Code). It being alleged that on 23 August 2022 the offender unlawfully and knowingly had sexual intercourse once with the complainant, a female juvenile aged 6 years who at law is deemed incapable of consenting to sexual intercourse. More
The accused appear before the court on a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. The accused pleaded not guilty to the charge but tendered a plea of guilty to the lesser offence of culpable homicide. The state accepted the limited plea. More
