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This review judgment has been necessitated by the learned trial Magistrate’s apparent failure to embrace the modern day sentencing principles in our criminal justice system. These general principles are well articulated by NDOU J in the case of S v Shariwa 2003 (1) ZLR 314 (H). More
This matter mirrors what has gone wrong in our society.
It is taboo in our culture for a child to lay a hand on his or her parents. The accused’s conduct in this matter does not only fall foul of the sixth commandment which says; “thou shall not murder” but mostly importantly the fifth commandment which says; “honour your father and mother, that your days may be long upon the land which the LORD your GOD is giving you.” More
The accused who resides in Village 25, Chief Sengwe, Chiredzi is facing two counts.
In count 1 the accused is facing the charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Cap 9:23] in that on 18 June 2015 at Gonowani Village, Headman Mpapa, Chiredzi the accused stabbed the now deceased Stephen Chikucha with an unknown sharp object in the chest causing his death.
In count 2 which relates to attempted murder defined in s 189 as read with s 47(1) of the Criminal Law (Codification and Reform) Act, [Cap 9:23] it is... More
The 22-year-old accused and the 33-year-old now deceased were persons well known to each other very well. They hailed from the same area together with accused’s alleged accomplice one Goddie Zvenyika (Goddie) and the now deceased’s friend Calton Zhou. Another common feature amongst them is that at the material time they were all gold panners, otherwise dignified as artisanal miners. They were all carrying out this activity at the seemingly very controversial and cursed mine called Lennox Mine in Mashava. This is so because we take judicial notice of the number of criminal and civil disputes emanating from this Lennox... More
The accused now stand convicted on his own plea of guilty of the charge of contravening section49 of the Criminal Law (Codification and Reform) Act [Cap 9:23] which relates to culpable homicide. Initially the accused had been arraigned for murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The murder charge was reduced to the lesser charge of culpable homicide with the consent of the State. The matter therefore proceeded on the basis of a statement of agreed facts. More
From 10 to 19 December 2015 the 2nd respondent embarked on an institutional special investigative audit report at the 1st respondent’s institution following complaints that 1st respondent’s, the City Council employees were being owed salary arrears of eighteen months. Obviously the report by the Ministry was adverse and revealed anomalies committed by Mutare City Council. The applicant accessed the investigative report and offered to assist the City Council. The City Council refused and the applicant wrote threatening letters to 1st respondent and indicated to Municipality of Mutare that it was going to advise residents to boycott payment of utility bills... More
This is a vindicatory action by the plaintiff who seeks to vindicate her house from defendant who is in occupation without her consent. After hearing all the evidence I granted the following order.
“Judgment be entered for the plaintiff against the defendant for:-
(a) An order evicting the defendant from No. 5 Chester Place, Hillcrest, Bulawayo and delivery thereof of the said property unencumbered.
(b) The defendant’s counter-claim be and is hereby dismissed.
(c) Each party to bear its own costs” More
