This is an application for a discharge in terms of s 198 (3) of the Criminal Procedure and Evidence Act [Chapter 9:07] (“CP & E Act”). The accused are charged with the crime of murder as defined in section 47 (1) 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... More
At times it is difficult to understand the intense attraction between incompatible couples. Such relationships often persist until tragedy strikes. The frequency and intensity of the altercations between Rachel Gomba (the accused) and Paddy Mangisa Mlambo (the deceased) were well documented highlighting the viciousness with which the deceased routinely attacked the accused. These patterns of violence were clear precursors to this tragedy which not only them but their families also, must have seen coming. Their tumultuous cycle of violent confrontations came to a conclusion on 24 October 2022, three years into their relationship, when the accused allegedly killed the deceased. More
This matter proceeded as a stated case. The defence had brokered a limited plea which the State accepted. The plea bargaining reduced the charge of murder to culpable homicide. The court found the plea bargaining proper as the State did not have any eye witness to the offence. More
This is an automatic review matter brought in terms of s58 of the Magistrates Court Act, [Chapter 7:10] at the behest of the scrutinizing magistrate. There has been an apparent conflict in the interpretation of the concept of victim impact statement between the trial Magistrate and the scrutinizing magistrate. Both parties strongly maintain that their position is the most accurate even after exchanging notes. In view of those divergent views a brief over view on the concept is necessary. More
The two accused persons Wallace Kufandada and Takudzwa Pepukai who are male persons aged 21 years and 18 years respectively were charged with robbery as defined in section 126 (1) and rape as defined in section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (The Criminal Law Code). They both pleaded not guilty to the charges. Despite their protestations, they were both convicted of the first count of robbery. The first accused was also convicted of the second count of rape, whilst the second accused was acquitted of that count. More
The two accused, Wallen Mupunga (hereinafter first accused) and Masimba Makoto (hereinafter second accused) pleaded not guilty to a charge of the murder of Tinotenda Mandiyanike (hereinafter the deceased). With them vehemently denying any connection to the unfortunate demise of the deceased they initiated a lengthy process of a trial which took the court in and out of a trial within a trial, before finally returning to the main trial. The protracted trial endured for several months, causing a considerable strain on all the parties involved. The conclusion of the trial brought a palpable sense of relief to all the... More
The charge which he faced in court was couched as follows:
“Bernice Chitsedza Hereinafter called the accused person charged with the crime of Contravening s 4(1) of the Statutory Instrument 2 of 2024 of the Presidential Powers (Temporary Measures) (Criminal Laws) (Protection of children and Young Persons) Regulations, 2024
In that on a date to the prosecutor unknown but during the period from the month of December 2023 to the 3rd of March 2024 and at Zvivindi B Village, Chief Chipuriro Guruve, Bernice Chitsedza a male adult unlawfully and intentionally had extra marital sexual intercourse with Mimi Chindori, a female... More
