: As will be seen below, the applicants were arrested at different times. They equally appeared for remand procedures in the Magistrates court separately. They however face the same charges. I heard their applications for bail separately and dismissed them. I gave my reasons ex tempore. On 8 January 2024, their counsel Mr Kavhumbura requested through the registrar of this court that I avail my full written reasons for those decisions in order for him to properly advise his clients. More
The argument which resulted in the death of Onisimo Mavhungire stemmed from a misunderstanding which the deceased had with a commercial sex worker at some beerhall in Chivhu. Ashton intervened. The insinuations are that young as he is, he also intended to hire the services of the same woman. She was a lot older than him. That the young man wanted to have sexual intercourse with someone approximating his mother’s age demonstrates the depth of love or more accurately, the bravery and possibly the depravity that today’s generation has. He and Kuda had been drinking. Most probably, they gathered Dutch-courage... More
Prosecution alleged in this murder trial, that the three accused persons Ashton Tadiwanashe Mandaza (first accused), Kudakwashe Machingauta (second accused and Taurai Dzvova (third accused) contravened s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code) in that on 17 May 2022 at Chivhu Location Shops, the accused persons each or all of them unlawfully and with intent to kill or realizing that there was a real risk or possibility that their conduct may cause death but continuing to engage in that conduct despite the realisation of the risk or possibility, caused the death of Tazvivinga... More
The accused was brought to court on two counts of murder in contravention of s47 of the Criminal Law Reform and Codification Act, [Chapter 9:23] The allegations are that on the 18th of April 2024 he fatally stabbed two of his then drinking buddies, Sadamu Mawuka aged 30 years and Simbarashe Mukono aged 45 at a bar, at Tutsi Mine Milling Tuckshop. Simbarashe Mukono, the second deceased, was the accused’s estranged father who had paid him a recent visit. Sadamu Mawuka, was a well- known beer reveller with a generous pocket. More
This matter was placed before the court at the instance of the scrutinizing regional magistrate. The offender was charged with two counts of theft as defined in s 113 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. In both counts it is being alleged that on two occasions he stole green vegetables from the complainant’s garden. The total value of the vegetables stolen is UD$130.00 and nothing was recovered. He pleaded guilty. In count 1 he was sentenced to six months imprisonment of which three months was suspended on the usual conditions of good behaviour. In count 2... More
This appeal against both conviction and sentence was not opposed by the State. Our finding is that the conviction must be upheld. The concession by the State was not properly made. The sentence is excessive in the circumstances and the appeal partially succeeds. The appellant was convicted after trial on a charge of theft of trust property as defined in s113 (2) (d) of the Criminal Law (Codification and Reform Act) [Chapter 9:23]. A sentence of 60 months imprisonment with 12 months conditionally suspended for 5 years and a further 42 months suspended on condition of restitution was imposed. Six... More
This murder typifies the belief held by some men, who apparently have an inflated value of their worth, that ‘if I can’t have you, then no one will.’ Chamani Tsambola, a farm worker at Dudley Estate, Marondera (hereinafter called the accused), in a fit of rage, is alleged to have attacked a woman with whom he had separated and killed her in cold blood. It resulted in his arrest and his being dragged before this court charged with murder as defined in Section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code). The formal allegations are... More
