On the evening of 20 January, 2024, at no 401 Ushewekunze in Harare, a domestic dispute erupted for the umpteenth time in a household which knew no peace. This time, the argument revolved around Lovemore Tembo (the deceased)’s intention to leave the house for a beer drink with colleagues. Memory Marira, (the offender), vehemently opposed that plan. She pursued the deceased around the yard and back inside the house in a desperate attempt to prevent his departure. More
A thirty-nine-year-old thief, Tafadzwa Kamudyariwa (herein after referred to as “the deceased”), his friend Joseph Mugwambiwa and an unnamed assailant conspired to steal irrigation water pipes at Geluck Farm in Bindura. The state alleged that, on 16 September 2022, they proceeded to Geluck farm. They however aborted their mission when alarm was raised about their unwelcome presence at the farm. The thieves fled to nearby Avonda farm. More
This is a criminal appeal wherein the accused person was charged and convicted of contravening s185 (1) (b) of the Criminal Law (Codification and Reform Act [Chapter 9:23]. It is alleged that on the 20th of August 2022 whilst under prison officials’ custody, fetching firewood the accused unlawfully escaped from lawful custody. He disappeared into the nearby bush whilst in the company of his inmates and escaped. He was arrested on the same day at the nearby Shopping Centre. He was sentenced to 46 months, with 12 months wholly suspended for 5 years on condition of good behavior. He is... More
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
