GENERAL

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Sections 277 to 284 provide for general matters.

 

Criminal liability of corporations and associations and of members and agents of corporations and associations

[s 277]

This re-enacts s 385(1), (2), (6) and (8) of the Criminal Procedure and Evidence Act.

Definitions

Term

Definition

director

in relation to a corporate body, means a person who¾

  • controls or governs that corporate body, whether lawfully or otherwise; or
  • is a member of a body or group of persons which controls or governs that corporate body, whether lawfully or otherwise; or

where there is no such body or group, a person who is a member of the corporate body.

 

Criminal liability of corporate body

For the purposes of imposing criminal liability upon a corporate body,

  • any conduct on the part of a director or employee of the corporate body; or any person acting on instructions or with permission, express or implied, given by a director or employee of the corporate body;
  • in the exercise of his or her power or in the performance of his or her duties as such a director, employee or authorised person, or in furthering or endeavouring to further the interests of the corporate body,

will be deemed to have been the conduct of the corporate body, and if the conduct was accompanied by any intention on the part of the director, employee or authorised person, that intention shall be deemed to have been the intention of the corporate body.

Criminal liability of director or employee of corporate body

A director or employee of a corporate body is liable to be personally prosecuted and punished in the following circumstances–

Where there has been conduct which constitutes a crime for which a corporate body is or was liable to prosecution, that conduct will be deemed to have been the conduct of every person who at the time was a director or employee of the corporate body, and if the conduct was accompanied by any intention on the part of the person responsible for it, that intention will be deemed to have been the intention of every other person who at the time was a director or employee of the corporate body–

This provision will not apply if it is proved that a director or employee of the corporate body took no part in the conduct, this provision will not apply to him or her.

In S v Chikuku HH-527-16  the courts said that in terms of s 277(3), any conduct, which constitutes a crime for which a corporate body is or was liable to prosecution, is be deemed to have been the conduct of every person who at the time was a director or employee of the corporate body. However, where it is proved that a director or servant took no part in the conduct, such criminal liability shall not apply to him or her. The onus is on the director or servant to prove on a balance of probabilities that he did not take part in the commission of the offence and could not have prevented it.

 

Criminal liability of member and employees of association

For the purposes of imposing criminal liability upon members and employees of an association of persons which is not a corporate body,

  • any conduct on the part of a member or employee of the association; or any person acting on instructions or with permission, express or implied, given by a member or employee of the association;
  • in the exercise of his or her power or in the performance of his or her duties as such a member, employee or authorised person, or in furthering or endeavouring to further the interests of the association,

will be deemed to have been the conduct of every other person who at the time was a member or employee of the association, and if the conduct was accompanied by any intention on the part of the director, employee or authorised person, that intention will be deemed to have been the intention of every other person who at the time was a member or employee of the association.

This provision will not apply–

  • if it is proved that a member or employee of the association took no part in the conduct;
  • if the association is controlled or governed by a committee or other similar governing body, any person who was not at the time of the conduct a member of that committee or other body.

A member or employee who is criminally liable for any conduct in terms of this provision will be liable to be prosecuted and punished personally for the crime concerned.

Other laws imposing liability

These provisions will not limit any other law that imposes criminal liability upon corporate bodies and associations and their directors, employees and members.

 

Conviction or acquittal no bar to civil or disciplinary proceedings

[s 278]

This codifies the common law rule that a conviction or acquittal in respect of a crime will not bar civil proceedings at the instance of the person who suffered any loss or injury in consequence of the conduct constituting the crime. Nor shall such conviction or acquittal be a bar to disciplinary proceedings in certain cases.

 

Concurrent and alternative charges

[s 279]

Various clauses in the Code provide that a person accused of a particular crime may be charged with one or more different crimes “alternatively”, “concurrently” or “alternatively or concurrently”. This section explains how these words are to be interpreted when framing the relevant indictment. In doing so it expands upon s 145 of the Criminal Procedure and Evidence Act.

Comment

These provisions are very complicated and will be difficult to apply. The need for these provisions arose from situations where crimes have aggravating circumstances that could also be the subject of separate crimes. For example an aggravating circumstance for the crime of unlawful entry is that the accused committed a crime inside the premises. The commission of the second crime cannot be doubly punished by taking it into account in aggravation and also charging and punishing it as a separate crime.

As previously indicated in respect of the crime of unlawful entry into premises it would be far more straightforward to charge both crimes and take the two together for the purposes of sentence rather than complicating matters by taking into account the second charge as an aggravating circumstance on the first.

 

Double punishment

[s 279A]

There are complex provisions to ensure that double punishment is not imposed where aggravating features of one crime are elements of another crime concurrently charged.

This problem has arisen particularly in respect of unlawful entry and theft. It is an aggravating circumstance on a charge of unlawful entry that the accused committed a crime such as theft or rape in the premises into which he entered. Prior to the Code the practice was to charge the accused both with housebreaking and the crime committed inside the house and to take both charges together for the purposes of sentence.

 

In S v Maripfonde & Anor 2013 ((1) ZLR 360 (H)  the court ruled therefore that it is procedurally wrong to charge the accused with unlawful entry in the aggravating circumstance that he committed theft and then to also charge him with theft. In S v Chirinda & Ors 2009 (2) ZLR 82 (H) the court pointed out once the details of the theft have been used as an aggravating factor for the unlawful entry charge, they cannot again be used to punish the convicted person on a separate theft charge, as that would amount to punishing the convicted person twice for the theft which will have been taken into account in sentencing him for unlawful entry.

However, the question still remains as to how the aggravating circumstance on a charge of unlawful entry that the accused committed theft is to be established. In Chirinda the court ruled that the elements of theft need not be canvassed as they would for purposes of securing a conviction for theft. Even if it is not specified in the charge, the aggravating circumstances may be taken into account if they are mentioned in the outline of the State case, in any agreed statement of facts, or in the prosecutor’s address in aggravation. The judge in S v Zhakata 2013 (1) ZLR 58 (H) disagreed and was firmly of the opinion that the State must prove the necessary ingredients for the commission of the crime which will be treated an aggravating factor under section 131(2)(e) The aggravating factor must be specifically pleaded and the criminal indictment must clearly set out all the particulars of the charge, including the alleged aggravating circumstances so that the accused fully grasps the basis of the charge so as to enable him to prepare his defence. If the charge does not allude to the alleged aggravating circumstance, the accused would be prejudiced in the preparation and presentation of his defence.

 

 

Clause 30 seeks to deal with this issue but it does so in a complicated manner. Using the example of unlawful entry and theft it gives the court the following options:

  • to convict and sentence the accused for unlawful entry in the aggravating circumstances specified in respect of the crime but not convict and sentence the accused for theft;
  • to convict the accused of both unlawful entry and theft but make the sentences for the two crimes run concurrently;
  • convict and sentence the accused to unlawful entry without taking account of the aggravating features and also convict and sentence him for theft.

 

It is submitted that the simplest solution is simply not to create an aggravating circumstance for a crime that can constitute another crime. For instance, with unlawful entry it should not be an aggravating circumstance that the accused committed a crime inside the premises. If then the accused committed another crime inside the premises, he should be charged with both unlawful entry and the crime committed inside the premises and the two charges should be taken together for purposes of sentence.

 

Standard scale of fines

[s 280]

This re-enacts and replaces s 346A of the Criminal Procedure and Evidence Act.

 

Reference in enactments to common law crimes

[s 281]

 

This section provides for the substitution of references to common law crimes in any enactment to the corresponding references under the Code.

 

Amendment of Acts

[s 282]

This provides for the amendment of several enactments affected by the provisions of the Code.

 

Repeal

[s 283]

This provides for the amendment of several enactments affected by the provisions of the Code.

 

Savings

[s 284]

This section saves the validity of anything done or suffered under the Roman-Dutch criminal law before its repeal by the Code, and provides that the repeal of that law will not affect the validity, investigation or prosecution of any common law crime committed before the commencement of the Code. However, no sentence for a pre-existing offence may exceed that for the corresponding offence provided in this Code.

 

First Schedule

 

This assigns monetary values to each level of fine specified in this Code and any other enactment.

The current levels of fines–

 

Level

Monetary Amount in US dollars

1

5

2

10

3

20

4

100 

5

200 

6

300

7

400

8

500

9

600

10

700

11

1000

12

2000

13

3000 

14

5000

 

Second Schedule

 

This co-relates all the crimes specified in the Code with the corresponding provisions of the Code creating or re-enacting those crimes.

 

Third Schedule

 

This enumerates the various acts constituting the crime of “criminal nuisance” under clause 37. Most of these re-enact paragraphs (a) to (w) of section 3 (2) of the Miscellaneous Offences Act.

 

Fourth Schedule

 

This sets out the permissible alternative verdicts that may be returned by a court in substitution for crimes originally charged.

 

Fifth Schedule

 

This co-relates the repealed common law crimes with the corresponding crimes under the Code.

 

CRIMINAL LAW CODE – fIFTH sCHEDULE

Maximum Penalties that may be Imposed for Certain Common-law Offences

Under section 284(2) of the Criminal Law Code, where a person’s trial commenced before the date of commencement of the Code and the person is charged an offence listed in the first column of the table below, he or she cannot be sentenced to a penalty that is more severe than the one specified in the second column of the table. A trial is generally regarded as commencing when the accused person is called upon to plead to the charge.

Note that the penalties listed in the second column below are the maximum penalties that may be imposed; they are not mandatory minimum penalties, except where that is specifically stated.  In other words, the convicted persons may be sentenced to lesser punishments.

 

Common-law crime

Maximum penalty

Abduction

Level 7 fine or 2 years’ imprisonment or both, where a child was abducted by a parent or close relative and there was no violence

In all other cases, life imprisonment [s 93]

Abortion

Level 10 fine or 5 years’ imprisonment or both [s 60]

Administering a poisonous or noxious substance

Level 14 fine or 10 years’ imprisonment or both [s 89]

Arson

Fine of level 14 or twice the value of the property damaged, or 25 years’ imprisonment, or both [s 140]

Assault with intent to inflict grievous bodily harm

Level 14 fine or 10 years’ imprisonment or both [s 89]

Bestiality

Level 14 fine or 1 year’s imprisonment or both [s 74]

Bigamy

Level 6 fine or 1 year’s imprisonment or both, where a party to a monogamous marriage purports to enter into another marriage.

Level 5 fine, where a party to a polygamous marriage purports to enter into a monogamous marriage [s 104]

Blasphemy

Level 6 fine or 1 year’s imprisonment or both [s 42]

Bribery

Fine of level 14 or 3 times the value of any consideration obtained or given, or 20 years’ imprisonment, or both [s 170]

Common assault

Level 14 fine or 10 years’ imprisonment or both [s 89]

Compounding

Level 6 fine or 1 year’s imprisonment or both [s 184(1)(h) & (iii)]

Contempt of court

Level 6 fine or 1 year’s imprisonment or both [s 182]

Crimen injuria

Level 6 fine or 1 year’s imprisonment or both [s 95]

Culpable homicide

Level 14 fine or life imprisonment or both [s 49]

Defeating or obstructing the course of justice

Level 10 fine or 5 years’ imprisonment or both, where the offence involves–

  • conduct that causes judicial proceedings to be defeated or obstructed;
  • making a false statement for the purposes of judicial proceedings;
  • defeating or obstructing police investigation into a crime.

Level 7 fine or 2 years’ imprisonment or both, where the offence involves–

  • making false statement to police officer that offence has been committed;
  • resisting, hindering or disturbing a police officer executing his or her duty.

Level 6 fine or 1 year’s imprisonment or both, where the offence involves–

  • hindering or obstructing an officer of the court in his or her duty;
  • making a statement in connection with pending case, intending to prejudice its trial [s 184]

Exposing an infant

Level 10 fine or 5 years’ imprisonment or both [s 108]

Extortion

Fine of level 13 or twice the value of any property extorted, or 15 years’ imprisonment, or both [s 134]

Forgery

Level 14 fine or 20 years’ imprisonment or both, in the case of forgery of a public document.

Level 13 fine or 15 years’ imprisonment or both, in the case of forgery of anything else [s 137]

Fraud

Fine of level 14 or twice the value of any property obtained through fraud, or 35 years’ imprisonment, or both [s 136]

Housebreaking with intent to commit a crime

Fine of level 13 or twice value of any property stolen, destroyed or damaged, or 15 years’ imprisonment, or both, where person–

  • entered dwelling-house;or
  • knew people were present in premises;or
  • carried a weapon;or
  • used violence against a person;or
  • damaged or destroyed property in effecting entry;or
  • committed some other crime.

Fine of level 10 or twice value of property destroyed or damaged, or 10 years’ imprisonment, or both, in any other case. [s 131]

Incest

Level 14 fine or 5 years’ imprisonment or both [s 75]

Indecent assault

Life imprisonment, where the assault involved penetration of any part of the complainant’s or convicted person’s body [s 66]

Level 7 fine or 2 years’ imprisonment or both, in any other case [s 67]

Kidnapping

Level 7 fine or 2 years’ imprisonment or both, where a child was abducted by a parent or close relative and there was no violence

In all other cases, life imprisonment [s 93]

Malicious injury to property

Fine of level 14 or twice the value of the property damaged, or 25 years’ imprisonment, or both [s 140]

Murder

5 years’ imprisonment, where disturbed mother kills her child within 6 months of giving birth

Life imprisonment, where convicted person is under 18

Life imprisonment, where the court finds extenua­ting circumstances

Death in any other case [s 47]

Offence against nature (unnatural offence)

Unlimited fine or 1 year’s imprisonment or both [s 73]

Perjury

Level 10 fine or 5 years’ imprisonment or both [s 183]

Public indecency

Level 9 fine or 6 months’ imprisonment or both [s 77]

Public violence

Level 12 fine or 10 years’ imprisonment or both [s 36]

Rape

Life imprisonment [s 65]

Receiving stolen property knowing it to be stolen

Fine of level 14 or twice value of property received, or 25 years’ imprisonment, or both [s 124]

Robbery

Life imprisonment, where the convicted person or an accomplice–

  • possessed a firearm or dangerous weapon;or
  • inflicted or threatened serious bodily injury;or
  • killed a person.

Fine of level 14 or twice value of any property taken, or 50 years’ imprisonment, or both, in any other case [s 126]

Sedition

20 years’ imprisonment (no fine), where offence involves setting up organisation to overthrow, take over or coerce the government [s 22]

Level 12 fine or 10 years’ imprisonment or both, where offence involves disturbing the peace or invading rights of others [s 36]

Sodomy

Unlimited fine or 1 year’s imprisonment or both [s 73]

Subornation of perjury

Level 10 fine or 5 years’ imprisonment or both [s 183 as read with s 202]

Theft

Where livestock or its produce is stolen–

  • mandatory imprisonment for 9 – 25 years, if bovine or equine animal is stolen and there are no special circum­stances;
  • fine of level 14 or twice value of stolen livestock or produce, or 25 years’ imprisonment, or both, in any other case [s 114]

Fine of level 14 or twice value of stolen property, or 25 years’ imprisonment, or both, in any other case [s 113]

Theft by false pretences

Fine of level 14 or twice value of stolen property, or 25 years’ imprisonment, or both, in any other case [s 113]

Treason

Level 14 fine or 25 years’ imprisonment or both, where offence amounts to concealing treason [s 21]

Death or life imprisonment, in any other case [s 20]

Uttering

Fine of level 14 or twice the value of any property obtained, or 35 years’ imprisonment, or both [s 136]

Violating a dead body

Level 14 fine or 5 years’ imprisonment or both [s 111]

Violating a grave

Level 7 fine or 1 year’s imprisonment or both [s 110]

 

 

Sixth Schedule

 

This provides for the amendment of various enactments affected by the provisions of the Code.

Sixth Schedule

 

Amending Magistrates Court Act

 

Type of magistrate

Crime

Sentencing jurisdiction

Regional magistrate

Sexual offence

(rape, aggravated indecent assault, sexual intercourse or performing indecent act with young person, sodomy, sexual intercourse within prohibited degree of relationship, complicity in sexual crimes)

whether or summary trial or remittal of case for trial or sentence by AG

Up to 20 years in prison

Fine up to level 14

Both

 

 

Regional magistrate

Deliberate infection of person with STD or HIV

Penalties prescribed by those provisions

Magistrate other than regional magistrate

Offences relating to dangerous drugs whether on summary trial or remittal of case for trial or sentence by AG

Up to 10 years in prison

Fine up to level 12

Both

Regional magistrate

Offences relating to dangerous drugs whether on summary trial or remittal of case for trial or sentence by AG

Up to 15 years in prison

Fine up to level 13

Both

 

But no magistrate may use these provisions to impose a punishment greater than that prescribed by the Criminal Law Code for such an offence.

 

Seventh Schedule

 

This specifies the various enactments repealed by s 283.

 

Sentencing Jurisdiction of Magistrates

________

Ordinary Magistrates

 

Ordinary Jurisdiction (sec 50(1) of the Magistrates Court Act)

  • Summary jurisdiction:Fine not exceeding level 7 or imprisonment for a period not exceeding two years, or both.
  • On remittal by the Attorney-General:Fine not exceeding level 9 or imprisonment for a period not exceeding four years, or both.
  • Where the accused is under the age of 18, corporal punishment of up to six cuts.

 

Special Jurisdiction (sec 51(1) & (4) of the Magistrates Court Act)

  • For public violence or malicious damage to property (or for an attempt to commit those crimes):fine not exceeding level 11 or imprisonment for a period not exceeding seven years, or both.
  • For an offence relating to dangerous drugs specified in Chapter VII of the Code:a fine not exceeding level 12 or imprisonment for a period not exceeding 10 years, or both.

 

Special Jurisdiction for Stock Theft (sec 9 of the Stock Theft Prevention Act)

  • Where the theft involves taking a bovine or equine animal, in the absence of special circumstances in the particular case:imprisonment for a period of between nine and 25 years.
  • In other cases of stock theft:a fine not exceeding level 14 or twice the value of the stolen stock, or imprisonment for a period not exceeding 25 years, or both.

 

Senior Magistrates

 

Ordinary Jurisdiction (sec 50(2) of the Magistrates Court Act)

  • Fine not exceeding level 9 or imprisonment for a period not exceeding four years, or both.
  • Where the accused is under the age of 18, corporal punishment of up to six cuts.

 

Special Jurisdiction (sec 51(1) & (4) of the Magistrates Court Act)

  • For public violence or malicious damage to property (or for an attempt to commit those crimes):fine not exceeding level 11 or imprisonment for a period not exceeding seven years, or both.
  • For an offence relating to dangerous drugs specified in Chapter VII of the Code:a fine not exceeding level 12 or imprisonment for a period not exceeding 10 years, or both.

 

Special Jurisdiction for Stock Theft (sec 9 of the Stock Theft Prevention Act)

  • Where the theft involves taking a bovine or equine animal, in the absence of special circumstances in the particular case:imprisonment for a period of between nine and 25 years.
  • In other cases of stock theft:a fine not exceeding level 14 or twice the value of the stolen stock, or imprisonment for a period not exceeding 25 years, or both.

 

Provincial Magistrates

 

Ordinary Jurisdiction (sec 50(3) of the Magistrates Court Act)

  • Fine not exceeding level 10 or imprisonment for a period not exceeding five years, or both.
  • Where the accused is under the age of 18, corporal punishment of up to six cuts.

Special Jurisdiction (sec 51(1) & (4) of the Magistrates Court Act)

  • For public violence or malicious damage to property (or for an attempt to commit those crimes):fine not exceeding level 11 or imprisonment for a period not exceeding seven years, or both.
  • For an offence relating to dangerous drugs specified in Chapter VII of the Code:a fine not exceeding level 12 or imprisonment for a period not exceeding 10 years, or both.

Special Jurisdiction for Stock Theft (sec 9 of the Stock Theft Prevention Act)

  • Where the theft involves taking a bovine or equine animal, in the absence of special circumstances in the particular case:imprisonment for a period of between nine and 25 years.
  • In other cases of stock theft:a fine not exceeding level 14 or twice the value of the stolen stock, or imprisonment for a period not exceeding 25 years, or both.

 

Regional Magistrates

 

Ordinary Jurisdiction (sec 50(4) & (6) of the Magistrates Court Act)

  • Fine not exceeding level 12 or imprisonment for a period not exceeding 10 years, or both.
  • Where the accused is under the age of 18, corporal punishment of up to six cuts.

 

Special Jurisdiction (sec 51(2) & (4) of the Magistrates Court Act)

 

Crimes

Sentence

Public violence or malicious damage to property, or an attempt to commit these crimes;

 

Robbery or attempted robbery committed in circumstances of aggravation.

Fine not exceeding level 13 or imprisonment for period not exceeding 12 years, or both.

 

 

 

Crimes

Sentence

Rape (s 65) or attempted rape;

Aggravated indecent assault (s 66) or attempted aggravated assault;

Indecent assault (s 67) or attempted indecent assault;

Sexual intercourse or performing indecent acts with a young person (s 70) or an attempt to commit this offence;

Sodomy (s 73) or an attempted sodomy;

Bestiality (s 74 ) or attempted sodomy;

sexual intercourse within a prohibited degree of relationship (s 75) or an attempt to commit this offence;

Complicity in sexual crimes (s 76) or an attempt to commit this offence.

 

Fine of level 14 or imprisonment for period not exceeding 20 years, or both.

 

 

Crime

Sentence

Deliberate infection of another with sexually transmitted disease (s 78)

Unlimited fine or imprisonment for period not exceeding five years, or both.

 

 

Crime

Sentence

Deliberate infection of another with sexually transmitted disease (s 78)

Unlimited fine or imprisonment for period not exceeding five years, or both.

 

 

Crime

Sentence

Deliberate transmission of HIV (s 79)

Imprisonment for period not exceeding 20 years.

 

Crime

Sentence

Offence relating to dangerous drugs specified in Chapter VII of the Code

Fine not exceeding level 13 or imprisonment for period not exceeding 15 years, or both.

 

 

 

Special Jurisdiction for Stock Theft (sec 9 of the Stock Theft Prevention Act)

  • Where the theft involves taking a bovine or equine animal, in the absence of special circumstances in the particular case:imprisonment for a period of between nine and 25 years.
  • In other cases of stock theft:a fine not exceeding level 14 or twice the value of the stolen stock, or imprisonment for a period not exceeding 25 years, or both.

 

 

Specimen Indictments

 

Note the new subsections of s 146 of the Criminal Procedure and Evidence Act:

(4)  Where a person is charged with a crime listed in the second column of the Fifth Schedule to the Criminal Law Code, it shall be sufficient to charge him or her with that crime by its name only.

(5)  No indictment, summons or charge alleging the commission of a crime mentioned in subsection (4) shall be held to be defective on account of a failure to mention the section of the Criminal Law Code under which the crime is set forth.

 

 

Crimes against the State

 

Treason

Charged with treason as defined in section 20(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A, who was a citizen of Zimbabwe or ordinarily resident in Zimbabwe, unlawfully and with the intention of overthrowing the Government of Zimbabwe instigated B, C and D, Ministers in the government of [a named foreign country], to cause the armed forces of that country to invade Zimbabwe.

Charged with treason as defined in section 20(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A, who was a citizen of Zimbabwe or ordinarily resident in Zimbabwe, unlawfully and with the intention of overthrowing the Government of Zimbabwe conspired with B and C to instigate the armed forces of [a named foreign country] to invade Zimbabwe.

Concealing treason

Charged with concealing treason as defined in section 21 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A, who was a citizen of Zimbabwe or ordinarily resident in Zimbabwe and who knew that B had conspired with C and D to instigate the armed forces of [a named foreign country] to invade Zimbabwe, unlawfully did not inform an official as soon as was reasonably possible after acquiring that knowledge.

Insurgency, banditry, sabotage or terrorism

Charged with insurgency, banditry, sabotage or terrorism as defined in section 23(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A was a member of a group of bandits who unlawfully and for the purpose of causing forcible resistance to the Defence Forces, fired shots from AK rifles at members of the Zimbabwe National Army with the intention or realising there was a real risk or possibility of killing one of those members of the Zimbabwe National Army.  A knowingly associated himself with the other members of the group in firing the shots and was present when the shots were fired.

Publishing or communicating false statement prejudicial to the State

Charged with publishing a false statement prejudicial to the State, as defined in section 31(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A unlawfully published in the XY newspaper the statement set out in the Annexe to this charge.  The statement was materially false in the following respects:

(a)     …

(b)     …

When A published the statement he intended to incite or promote public disorder or public violence or realised that there was a real risk or possibility that publication of the statement would incite or promote such disorder or violence.

Charged with publishing a false statement prejudicial to the State, as defined in section 31(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A unlawfully published in the XY newspaper the statement set out in the Annexe to this charge.  The statement was materially false in the respects set out in the Annexe, and A knew it was false or did not have reasonable grounds for believing it to be true.  Publication of the statement promoted public disorder, namely riots that occurred on the … in and near the central business district of Harare.

Crimes against Public Order

 

Public violence

Charged with public violence as defined in section 36(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A, B and C, acting in concert with persons whose names are unknown to the prosecutor, unlawfully and forcibly disturbed the peace, security or order of the public to a serious extent by erecting barricades across a road, namely Samora Machel Avenue, and throwing stones and other missiles at members of the public who were on or near that road and at police officers who attempted to remove the barricades.

Crimes against the Person

Homicide

 

Murder

Charged with murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A unlawfully caused the death of a person named B, either intending to kill B or, despite realising that there was a real risk or possibility that his conduct might cause death, continuing to engage in that conduct.

Culpable homicide

Charged with culpable homicide as defined in section 49 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A unlawfully caused the death of a person named B, either negligently failing to realise that death might result from his conduct or, despite realising that death might result from his conduct, negligently failing to guard against that possibility.

Sexual Crimes

 

Rape

Charged with rape as defined in section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A, a male person, unlawfully had anal sexual intercourse with B, a female person, without her consent knowing that she had not consented to it or realising that there was a real risk or possibility that she might not have consented to it.

Attempted rape

Charged with attempted rape as defined in section 65 as read with section 189 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the .  .  .  and at .  .  ., A, a male person unlawfully attempted to have sexual intercourse with B a female person without her consent knowing that she had not consented or realising that there was a real risk or possibility that she may not have consented.

 

Rape of a mentally incompetent female

Charged with rape as defined in section 65 as read with section 64 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

 

In that on the .  .  .  and at .  .  ., A, a male person, knowingly and unlawful had sexual intercourse with a female person who was mentally incompetent and incapable of giving consent or who was capable of giving consent but did not consent to the knowledge of A.

Aggravated indecent assault

Charged with Aggravated Indecent Assault as defined in section 66 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … A, a male person, unlawfully and with indecent intent inserted his penis into the mouth of B, a female person, knowing that B had not consented to this act or realising that there was a real risk or possibility that B might not have consented to it.

In that on the … and at … A, a female person, unlawfully and with indecent intent inserted an object known as a vibrator into the vagina of B, a female person, knowing that B had not consented to this act or realising that there was a real risk or possibility that B might not have consented to it.

Indecent assault

Charged with Indecent Assault as defined in section 67 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … A, a male person, unlawfully and with indecent intent fondled the breasts of B, a female person, knowing that B had not consented to this act or realising that there was a real risk or possibility that B might not have consented to it.

Sexual intercourse with a young person

Charged with sexual intercourse with a young person, as defined in section 70 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … A, a male person, unlawfully had extra-marital sexual intercourse with B, a girl under the age of 16.

In that on the … and at … A, a female person, unlawfully had extra-marital sexual intercourse with B, a boy under the age of 16.

 

Commission of sexual crime outside Zimbabwe

Charged with committing a sexual crime against a young person outside Zimbabwe as defined in section 71 as read with section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

 

In that on the .  .  .  in Lusaka, Zambia, A, a citizen or Zimbabwe had sexual intercourse with a 10 year old girl, thereby committing the crime of rape upon her.

Inciting person to commit sexual crime inside Zimbabwe

Charged with inciting another to commit a sexual crime against a young person in Zimbabwe as defined in section 72 as read with section 66 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

 

In that on the .  .  .  in Johannesburg, South Africa, A incited B to proceed to Zimbabwe for the purpose of having anal sexual intercourse with a boy aged 11.

 

Sexual intercourse within the prohibited degrees of relationship

Charged with sexual intercourse within the prohibited degrees of relationship as defined in section 75(2)(c) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the .  .  .  and at .  .  . A and B being brother and sister respectively unlawfully had sexual intercourse together knowing that they were related within the prohibited degrees of relationship realising that there was a real risk or possibility that they were so related.

Charged with sexual intercourse within the prohibited degrees of relationship as defined in section 75(2)(i) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the .  .  .  and at .  .  . A and B being first cousins unlawfully had sexual intercourse together knowing that they were related within the prohibited degrees of relationship realising that there was a real risk or possibility that they were so related.

Crimes Involving Bodily Injury

 

Assault

Charged with assault as defined in section 89(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A unlawfully committed an assault upon B with a knife or some other sharp instrument, intending to cause B bodily harm or realising that there was a real risk or possibility that bodily harm might result, and inflicted stab wounds on B’s body.

Charged with assault as defined in section 89(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A unlawfully committed an assault upon B by threatening to stab him with a knife or other sharp instrument, intending to inspire in B’s mind, or realising that there was a real risk or possibility of inspiring in B’s mind, a reasonable fear or belief that force would immediately be used against him.

Negligently causing serious bodily harm

Charged with negligently causing serious bodily harm as defined in section 90 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A unlawfully caused serious bodily harm to B, that is to say, caused B to suffer second-degree burns on his chest and arms by pouring boiling water upon him, negligently failing to realise that serious bodily harm might result from his conduct or negligently failing to guard against that possibility.

Crimes Involving Infringement of Liberty, Dignity, Privacy or Reputation

 

Kidnapping (of an adult)

Charged with kidnapping as defined in section 93(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A unlawfully deprived B, an adult, of his freedom of bodily movement, that is to say purported to arrest B and detained him, intending to cause such deprivation or realising that there was a real risk or possibility that such deprivation might result.

Kidnapping (of a child)

Charged with kidnapping as defined in section 93(1)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A, who was not the lawful custodian of a child named B, unlawfully detained B and deprived B of his freedom of bodily movement, intending to cause such deprivation or realising that there was a real risk or possibility that such deprivation might result.

Kidnapping (of a child by a non-custodian parent)

Charged with kidnapping as defined in section 93(1)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A, who was the father but not the lawful custodian of a child named B, detained or kept B with the intention of depriving C, B’s mother and lawful custodian, of her control over B or realising that there was a real risk or possibility that such deprivation might result.

Pledging a female person (promising a minor in marriage)

Charged with pledging of a female person as defined in section 94(1)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A, being the lawful custodian of B, a 16-year-old girl, unlawfully entered into an arrangement whereby B was promised in marriage to a man named C.

Pledging a female person (promising an adult in marriage)

Charged with pledging of a female person as defined in section 94(1)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A, being the father of B, an adult woman, unlawfully entered into an arrangement without B’s consent whereby B was promised in marriage to a man named C.

Criminal insult

Charged with criminal insult as defined in section 95(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A unlawfully and seriously impaired the dignity of a woman named B by accosting B and saying to her in the Shona language “Ndiri kuzokusvira”, which translated into the English language means “I will have sexual intercourse with you,” intending by his conduct to impair her dignity seriously or realising that there was a real risk or possibility that his conduct might have that effect.

Charged with criminal insult as defined in section 95(1)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A unlawfully and seriously invaded the privacy of a woman named B by observing B while she was taking a bath and in a state of nudity or semi-nudity, intending by his conduct to invade her privacy seriously or realising that there was a real risk or possibility that his

Witchcraft, witch-finding, etc.

 

Indicating a witch/wizard

Charged with indicating a witch [or wizard if the person is a man] , as defined in section 99 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … A, by the purported use of non-natural means [or, where the accused merely made the accusation, use the word “groundlessly” instead of “by the purported use of non-natural means”], unlawfully accused B of witchcraft by indicating that B had used non-natural means to cause the death of a child named C.

 

Bigamy

Charged with bigamy as defined in section 104 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A, being a party to a monogamous marriage and knowing that this marriage still subsisted unlawfully entered into a second monogamous marriage with B.

In that on the … and at … , A, being a party to a monogamous marriage and knowing that this marriage still subsisted unlawfully entered into a polygamous marriage with B.

Property Crimes

 

Theft and related crimes

Theft

Charged with theft as defined in section 113 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A unlawfully took property, namely a bicycle, knowing that B was entitled to own, possess or control the property or realising that there was a real risk or possibility that B might be so entitled, and intending to deprive B permanently of his ownership, possession or control of the property or realising that there was a real risk or possibility that B might be deprived of that ownership, possession or control.

Theft of trust property

Charged with theft as defined in section 113(2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the .  .  .  and at .  .  ., A, unlawfully and in violation of a trust agreement with Y which required him to hold a certain item belonging to Y and hand back that item to Y on demand by Y, unlawfully and intentionally converted the item to his own use and failed to hand back the item on demand by Y.

 

Unauthorised borrowing or use of property

Charged with unauthorised borrowing or use of property, as defined in section 116 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A unlawfully took possession or control of a bicycle belonging to B without the consent of B, intending to make temporary use of the bicycle and then return it to B’s possession or control.  When A took the bicycle he knew that another person was entitled to own, possess or control it or realised that there was a real risk or possibility that another person might be so entitled.

Making off without payment

Charged with making off without payment as defined in section 117 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A had a meal at a restaurant belonging to B and, after the meal, unlawfully made off without paying for the meal, knowing that he was obliged to pay for the meal before leaving the restaurant.

In that on the … and at … , A had some keys cut at a shop belonging to B and, after the cut keys had been handed over to him, made off without paying for them, knowing that he was obliged to pay for the service before he left the shop.

Robbery

Charged with Robbery as defined in section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A unlawfully and intentionally used violence against B in order to steal B’s bag which contained an amount of one million dollars.

In that on the … and at … , A unlawfully grabbed B’s briefcase which was on the ground alongside B and immediately after the taking of the bag, when B chased A in order to try to recover his briefcase, A used a threat of violence against B to stop him from continuing to try to recover his brief case.

Unlawful entry onto premises

Charged with Unlawful Entry into Premises as defined in section 131 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A unlawfully, intentionally and without permission or authority from B, the lawful occupier of the premises concerned, or without other lawful authority, entered B’s premises, by climbing into those premises through an open window.

Note that if A committed a crime inside the premises that he has unlawfully entered, such as robbery, theft or rape, A must be charged additionally with the crime which he committed inside the premises.

Criminal trespass

Charged with Criminal Trespass as defined in section 132 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A unlawfully entered B’s land, which land was enclosed by a fence, knowing or realising there is a real risk or possibility that such entry is prohibited.

In that on the … and at … , A having entered B’s land, unlawfully refused to leave the land when called upon to do so by B who was the lawful occupier of that land.

 

Fraud

Charged with Fraud as defined in section 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A, sold a painting to B for twenty million dollars by  unlawfully and intentionally misrepresenting to B that the painting he was selling to him was an original Monet and was worth a substantial amount of money whereas to the knowledge of A the painting was simply a copy of the original, and by such misrepresentation, A caused B to act to his financial prejudice.

Forgery

Charged with Forgery as defined in section 137 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A, forged a blank cheque form belonging to B by filling out false details on the cheque and forging the signature of B, intending to defraud B by presenting the cheque for payment at the bank.

Fraud

Charged with Fraud as defined in section 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A, knowing that B had forged a cheque presented that cheque for payment at a bank intending to defraud the bank.

 

Extortion

Charged with Extortion as defined in section 134 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A unlawfully obtained an amount of fifty million dollars from B by threatening to cause harm to A’s son unless the money was paid to him.

 

In that on the … and at … , A unlawfully obtained an amount of ten million dollars from B, an female, by intentionally threatening to display to others pictures of B in a state of nakedness, which pictures he had obtained illegally, unless the money was paid to A by B.

Causing damage to or destruction of property

 

Negligently causing serious damage to property

Charged with negligently causing serious damage to property, as defined in section 141 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A unlawfully caused serious damage to a shed belonging to B by his gross negligence in starting a fire close to the shed, which fire spread to the shed and caused serious damage it.

Hijacking and Other Crimes Involving Aircraft

 

Hijacking

Charged with hijacking as defined in section 147 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A without lawful reason took or exercised control over an aircraft, namely an Air Zimbabwe Boeing 737 aircraft flying between Harare and Johannesburg.

Placing or carrying dangerous goods on an aircraft

Charged with carrying dangerous goods on an aircraft’ as defined in section 150(1)(d) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … A without lawful reason had dangerous goods, namely a Makarov 9-millimetre pistol, in his possession aboard an aircraft, namely an Air Zimbabwe Boeing 737 aircraft flying between Harare and Johannesburg.

Placing or carrying dangerous goods on an aircraft (attempt)

Charged with attempting to place or carry dangerous goods on an aircraft, as defined in section 150(1)(a) as read with section 189 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … A without lawful reason attempted to place or carry dangerous goods, namely a Makarov 9-millimetre pistol, aboard an aircraft, namely an Air Zimbabwe Boeing 737 aircraft flying between Harare and Johannesburg.

Falsely threatening harm in relation to an aircraft

Charged with falsely threatening harm in relation to an aircraft as defined in section 152 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A without lawful reason made a statement knowing it to be false or realising that there was a real risk or possibility that it might be false, from which it could reasonably be inferred that there was a plan, proposal, conspiracy or threat to destroy, damage or prejudice the safe operation of an aircraft;  that is to say, A stated to B, an employee of the Civil Aviation Authority at Harare International Airport, that a bomb had been or would be placed aboard Air Zimbabwe flight 237 bound for London.

Crimes Involving Dangerous Drugs

 

Unlawful dealing in dangerous drugs

Charged with unlawful dealing in dangerous drugs, as defined in section 156(1)(c) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A unlawfully possessed a dangerous drug, namely 50 kilograms of prepared cannabis (mbanje), for the purpose of dealing in such drug.

Unlawful possession of dangerous drugs

Charged with unlawful possession of a dangerous drug, as defined in section 157(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A unlawfully possessed a dangerous drug, namely five grams of prepared cannabis (mbanje).

Computer-Related Crimes

 

Unauthorised access to or use of computer or computer network

Charged with unauthorised access to a computer network, as defined in section 163(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A, without authority from the owner of the computer network concerned, intentionally gained access to data, programmes and systems held in a computer network owned by Barclays Bank Zimbabwe Limited, a banking institution carrying on business in Zimbabwe.

Unauthorised use or possession of credit or debit cards

Charged with unauthorised use or possession of a credit or debit card, as defined in section 167(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A without reasonable excuse possessed Diners Club credit card number X12345 belonging to a person named B.

Unauthorised use of password or pin-number

Charged with unauthorised use of a password or pin-number, as defined in section 168 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A without authority intentionally used a password or pin-number which belonged to or had been assigned to another person, that is to say inserted Barclays debit card number X1234 into an automatic teller machine and used the pin-number assigned to B, the holder of the card.

Bribery and Corruption

 

Bribery (accepting bribe)

Charged with bribery as defined in section 170(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A, being an agent, that is to say an employee of the Harare Municipality, unlawfully obtained for himself a gift or consideration as an inducement or reward for doing or for not doing an act in relation to his principal’s affairs or business, that is to say, accepted twenty million dollars from B for approving the plans of a dwelling-house which B proposed to build on Stand 450 Mabelreign Township.  When A obtained the gift or consideration he knew or realised that there was a real risk or possibility that it was not due to him in terms of any agreement or arrangement between himself and his principal, the Harare Municipality.

Bribery (offering bribe)

Charged with bribery as defined in section 170(1)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A unlawfully offered a gift or consideration to an agent named B, who was an employee of the Harare Municipality, as an inducement or reward for doing or for not doing an act in relation to his principal’s affairs or business, that is to say, offered twenty million dollars to B as an inducement or reward for approving the plans of a dwelling-house which A proposed to build on Stand 450 Mabelreign Township.  When A offered the gift or consideration he knew or realised that there was a real risk or possibility that it was not due to B in terms of any agreement or arrangement between B and his principal, the Harare Municipality.

Corruptly concealing personal interest in a transaction

Charged with corruptly concealing from a principal a personal interest in a transaction, as defined in section 173(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A, being an agent, that is to say an employee of a company named ABC (Pvt) Ltd, carried out a transaction in connection with his principal’s affairs without disclosing to the principal that he held a personal interest in the subject-matter of the transaction, that is to say he arranged the purchase of machinery and spares worth fifty million dollars on behalf of his principal from a company named DEF (Pvt) Ltd without disclosing to his principal that he was a director of DEF (Pvt) Ltd.  When A carried out this transaction he intended to deceive his principal, or realised that there was a real risk or possibility that his principal might be deceived.

Threat

Charged with making a threat, as defined in section 186 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at … , A, threatened to murder B and inspired in B a reasonable belief that A would carry out his threat and A, by his threat, intended to inspire in B such a reasonable belief or realised that there was a real risk or possibility of inspiring in B such a belief.

Incitement

Charged with incitement to commit robbery, as defined in section 170 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at A unlawfully incited B to assist A to rob a bank.

 

Conspiracy

Charged with conspiracy to commit malicious damage to property, as defined in section 188 as read with s 140 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

In that on the … and at .  .  .  A, B and C agreed to set fire to D’s house, intending to carry out the agreement.

Attempt to commit crime contained in Code

 

Charged with the crime of attempted unlawful entry into premises as defined in section 189 as read with section 131 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

 

In that on the .  .  .  and at .  .  . A, unlawfully attempted to enter the premises of B by breaking the burglar bars on a window but was unable to break the bars and was unable to effect entry into the premises.

Attempt to commit crime in statute other than in Code

 

Charged with the crime of attempting to contravene section 4 of the Official Secrets Act [Chapter 11.09] as read with section 189 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]

 

In that on the .  .  .  and at .  .  ., A, who had in his possession a secret official code relating to a prohibited place attempted to communicates such code to a person, other than a person to whom he was authorized to communicate it.

(See section 4 of the Criminal Law Code.)

 

List of cases

 

Chavhunduka & Anor v Minister of Home Affairs & Anor 2000 (1) ZLR 552 (S)  

Chibage v Ndawana 2009 (2) ZLR 387 (H)

Chimakire & Ors v The Attorney-General of Zimbabwe CCZ-6-2014

Chimakure, Kahiya & ZimInd Publishers (Pvt) Ltd 2013 (2) ZLR 466 (S)

Clarke v Hurst NO & Ors 1992 (4) SA 630 (D)

Coetzee 1997 (1) SA 527 (CC) para 176

In re Chinamasa HH-118-02

Madanhire & Anor v Attorney-General 2014 (1) ZLR 719 (CC)Media Institute of Southern Africa (Zimbabwe) & Ors v Minister of Justice, Legal and Parliamentary Affairs & Ors CC-07-15.

Minister of Home Affairs & Anor v Fourie & Anor  [2005] ZACC 19, 2006 (1) SA 524 (CC), 2006 (3) BCLR 355 (CC)

Minister of Law and Order v Kadir 1995 (1) SA 303 (A)

Minister of Police v Ewels 1975 (3) SA 590 (A)

Mudzuru & Anor v Minister of Justice, Legal and Parliamentary Affairs & Ors CC-12-2013

Mutambara v A-G & Anor CC-11-15

National Coalition for Gays and Lesbian Equality and Another v Minister of Justice & Others [1998] ZACC 15, 1999 (1) SA 6, 1998 (12) BCLR 1517

Shumba v Shumba HH-25-05

Thebe v Mbewe t/a Checkpoint Laboratory Services 2000 (1) ZLR 578 (S) 

Tsvangirai & Anor v Mutevedzi NO & Anor 2012 (2) ZLR 224 (H)

Van Eeden v Minister of Safety and Security 2003 (1) SA 389 (SCA)

 

 

R v Benjamin 1968 (1) RLR 126 (G) 

R v Chenjere 1960 (1) SA 473 (FS)

R v Chikerema 1958 R&N 516; 1959 (1) SA 721 (FS)

R v Chipesa 1964 RLR 274 (A); 1964 (4) SA 472 (SRA)

R v Clarke & Anor 1976 (1) PH H 108 (R)

R v Cox A-181-74

R v Damascus 1965 RLR 477; 1965 (4) SA 598 (SR)

R v Dikwi 1940 SR 19

R v Ellis 1961 R&N 468 (FS).

R v Fikizolo 1942 SR 80 

R v Flattery [1877] 2 QB 410

R v Innes Grant 1949 (1) SA 753 (A)

R v Instan [1893] 1 QB 450

R v John 1969 (2) RLR 23 (A); 1969 (2) SA 560 (RA)

R v K 1965 RLR 571 (A)

R v Long 1970 RLR 1; 1970 (2) SA 153 (RA)

R v Mabena 1967 1968 1 RLR 1 (A)

R v Mabole 1968 (2) RLR 159 (G); 1968 (4) SA 811

R v Mara 1965 RLR 494 (G)

R v McEnery 1943 SR 158 (H) 

R v Mpofu 1975 (1) RLR 362 (G)

R v Mtshilselwe & Ors 1957 (3) SA 313 (E)

R v Mubila 1956 (1) SA 31 (SR)

R v Mugwanda 2002 (1) ZLR 574 (S).

R v Ncube 1977 (2) RLR 304 (G); 1978 (1) SA 1178 

R v Pondo & Anor 1966 RLR 478 (G)

R v Purcell-Gilpin 1971 (1) RLR 241 (A); 1971 (3) SA 548 (RA)

R v Puttock 1967 RLR 186 (A)

R v Roberts (1971) 56 CAR 95

R v Senekal 1969 (4) SA 478 (A)

R v Shevill 1964 RLR 292 (A); 1964 (4) SA 51 (SR)

R v Sikona 1937 SR 54

R v Stone and Dobinson [1977] QB 354

R v Ushewokunze 1971 (1) RLR 107 (A); 1971 (2) SA 360 (RA) 

R v Williams [1923] 1 KB 340

R v Williams 1931(1) PH H 38

 

 

S v A 1979 RLR 69 (G)

S v AG v Dzvatu S-26-85

S v Appleton 1982 (2) ZLR 110 (S)

S v Arnold 1985 (3) SA 256

 

S v Banana 1994 (2) ZLR 271 (S) 

S v Banana 2000 (1) ZLR 607 (S)

S v Banda & Anor HH-47-16

S v Banda (1) 2002 (1) ZLR 156 (H)

S v Banda 2001 (1) ZLR 219 (H)

S v Banet 1973 (1) RLR 335 (A); 1973 (4) SA 430 (RA)

S v Beahan 1991 (2) ZLR 98 (S)

S v Beets S-90-93

S v Bennet HH-79-2010

S v Biddlecombe 2013 (1) ZLR 674 (H)S v Bitoni & Anor S-98-87

S v Blanket Mine (Pvt) Ltd 1991 (1) ZLR 227 (S)

S v Bledig & Anor 1974 (2) SA 613 (RA)

S v Bowa 2014 (1) ZLR 835 (S)

S v Branfield S-32-83

S v Brannigan 1985 (1) ZLR 239 (S)

S v Bray 1966 RLR 255 (A)

S v Bussman S-2-96

S v Bussman S-2-96

 

S v C (a juvenile) 1997 (2) ZLR 395 (H)

S v Calitz 1990 (1) SACR 119 (A)

S v Campher 1987 (1) SA 940 (A)

S v Carnegie 1975 (1) RLR 171 (A)

S v Castedo S-77-94

S v CF (a juvenile) 2011 (2) ZLR 48 (H)

S v CF (a juvenile) HH-143-11

S v Chamukwanda 1990 (1) ZLR 172 (H)

S v Chamunorwa & Ors S-137-86

S v Chareka & Anor S-40-93

S v Chatukuta HH-326-15

S v Chauke & Anor 2000 (2) ZLR 494 (S)

S v Chauke 1991 (2) SACR 251 (B)

S v Chavhunduka S-216-13

S v Chenjeya & Ors 1977 (2) RLR 179 (A)

S v Chidyamudungwe HH-459-15

S v Chigovera HH-84-05

S v Chihanya 1981 ZLR 381 (G)

S v Chikanda 2006 (2) ZLR 224 (S)

S v Chikanda 2006 (2) ZLR 224 (S)

S v Chikunda HH-563-14

S v Chikandiwa & Ors HH-302-86

S v Chikuku HH-527-16

S v Chikunguruse HH-205-2004

S v Chimwaja GS-240-81

S v Chin’ono 1990 (1) ZLR 244 (H)

S v Chinounda 2013 (2) ZLR 62 (H)

S v Chinyama & Anor 2015 (1) ZLR 854 (H)

S v Chinyerere 1980 ZLR 3 (A); 1980 (2) SA 576 (RA)

S v Chipinge Rural Council 1988 (2) ZLR 275 (S); 1989 (2) SA 242 (ZS)

S v Chirau & Ors A-180-78

S v Chirembwe 2015 (1) ZLR 211 (H)

S v Chirinda & Ors 2009 (2) ZLR 82 (H)

S v Chiwambutsa S-113-87

S v Chiwambutsa S-113-87

S v Choruma & Anor 2010 (1) ZLR 403 (H)

S v Claasen 1979 RLR 323 (A)

S v Crockart 1971 (1) RLR 260 (A); 1971 (2) SA 496 (RA)

S v Cunningham 1996 (1) SACR 631 (A)

 

S v Daniels 1983 (3) SA 275 (A)

S v David 2012 (2) ZLR 53 (H)

S v Dhlamini HB-47-11  

S v Dongonda HH-73-88

S v Dube 1997 (1) ZLR 229 (H)

S v Dube 2010 (2) ZLR 400 (H)

S v Dube HB-116-10

S v Dudzai S-3-91

S v Dudzai S-571-91

S v Duri S-141-89

S v Dzaro 1996 (2) ZLR 541 (H)

S v Dzimuri & Ors 1997 (2) ZLR 27 (H)

 

S v Engelbrecht & Ors 1962 (4) SA 219 (O)

S v Engelbrecht 2005 2 SACR 41(W)

S v Erwin 1974 (3) SA 438 (C)

S v Evans 1985 (1) ZLR 95 (S)

S v Ezekiel A-100-69

 

S v F (a juvenile) 1988 (1) ZLR 327 (H)

S v Fadika HH-83-93

S v Fazakerly S-141-83

S v Fernandes 1966 (2) SA 259 (A)

S v Ferreira S-13-92

S v Finch S-101-90

S v Fishani HB-33-14

S v Fisher 1970 (1) RLR 179 (A); 1970 (3) SA 446 (RA)

S v Francis 1980 ZLR 368 (A)

S v Franshisko & Ors 1977 (2) RLR 37 (GS)

S v Gambanga 1998 (1) ZLR 364 (S)

S v Garanewako HH-242-10

S v Gardener 1974 (2) RLR 48 (G); 1974 (4) SA 304

S v Gardini HB-66-94

S v Gaseb 2001 1 SACR 438 (NmS)

S v Gibson S-16-14

S v Gilbert A-204-74

S v Gillespie A-188-74

S v Godwin A-44-75

S v Goliath 1972 (3) SA 1 (A)

S v Grobler 1974 (2) SA 663 (T)

S v Grotjohn 1970 (2) SA 355 (A)

S v Gumbura 2014 (2) ZLR 539 (S)

S v Gumede & Anor HB-91-11

S v Gwingwidza HH-434-13

 

S v Hall 2014 (2) ZLR 278 (H)

S v Hamunakwadi 2015 (1) ZLR 392 (H)

S v Hartmann 1975 (3) SA 332 (C)

S v Hartyani 1980 (3) SA 613 (T)

S v Henderson S-17-84

S v Hove 2009 (1) ZLR 68 (H)

S v Howard HH-272-88

S v Huizers 1988 (2) SA 503 (A)

S v Imbayarwo HB-35-13 

 

S v Israel & Anor 1975 (2) RLR 191 (A).

 

S v Jabangwe S-25-89

S v Jasi 1993 (2) ZLR 451 (H)

S v Jira S-108-83

S v Jochoma 2014 (2) ZLR 553 (H)

S v Johnson 1977 (2) RLR 3 (A); 1977 (4) SA 116 (RA)

S v Johnston 1970 (1) RLR 58 (G)

S v Jokonya HH-116-09

S v Jonasi S-15-92

S v Joseph S-82-85  

 

S v K (a juvenile) 2009 (2) ZLR 409 (H)

S v Kachipare 1998 (2) ZLR 271 (S) 

S v Kadongoro 1980 ZLR 54 (G)

S v Kaiwona & Ors S-182-93

S v Kanyowa HH-375-13

S v Kanzoto HH-400-2000

S v Kapurira 1992 (2) ZLR 17 (S)

S v Kashiri S-88-85

S v Katiyo 1981 ZLR 115 (A); 1981(3) SA 34 (ZA)

S v Kavizha HH-41-92

S v Kramer & Anor 1987 (1) SA 887 (W)

S v Kruger 1976 (3) SA 290 (  )

S v Kurwakumire S-23-89

S v Kuyeri S-188-95

S v Kwangwari HH-244-88

S v Kware S-85-93

 

S v Latham 1979 RLR 458 (A); 1980 (1) SA 723 (ZA).

S v Laubscher 1988 (1) SA 163 (A)

S v Lombard 1964 (4) SA 346 (T)

S v Lunga 1989 (3) ZLR 27 (S); 1990 (1) SACR 612 (ZS)

 

S v Maceys of Salisbury Ltd 1982 (2) ZLR 239 (S)

S v MacGregor 1975 (1) RLR 77; 1975 (2) SA 385

S v Machembo 2008 (1) ZLR 1 (H)

S v Machona 2002 (1) ZLR 61 (H)

S v Machona HH-14-02

S v Machona 2015 (1) ZLR 665 (H)

S v Madzokere & Ors HH-37-14

S v Mafusire 2010 (1) ZLR 417 (H)

S v Maende HH-44-16 S v Maguya & Anor HH-231-11

S v Magwenzi 1994 (1) ZLR 442 (H)

S v Mahanzu HB-108-88

S v Mahingaidze S-79-84

S v Mahuni & Ors HH-406-88

S v Majarira 2003 (1) ZLR 606 (H)

S v Majuru S-121-90

S v Makahamadze HH-97-92

S v Makaka S-25-87 

S v Makoni HH-320-87

S v Makurumure HH-46-12

S v Mamabolo 2001 (3) SA 409 (CC)

S v Mambodo HH-29-12

S v Mandizha S-200-91

S v Mandwe S-142-93

S v Mangwarira 1988 (2) ZLR 372 (S)

S v Manhondo HH-186-01

S v Mapanzure HH-41-11

S v Mapfumo & Ors 1983 (1) ZLR 250 (S)

S v Mapfumo A-48-79

S v Maphosa S-170-89

S v Mapuranga HB-242-86

S v Maramba 1994 (1) ZLR 326 (H)

S v Maripfonde & Anor 2013 ((1) ZLR 360 (H)

S v Masawi & Anor 1996 (2) ZLR 472 (S)

S v Mashungu 2013 (2) ZLR 1 (H)

S v Masina 2010 (2) ZLR 498 (H)

S v Masuka & Anor 1989 (3) ZLR 33 (S)

S v Matunga HH-706-15

S v Matsetu HH-84-13

S v Mawarire HH-802-17

S v Mawonani 1970 (1) RLR 41 (A); 1970 (3) SA 448 (RA)

S v Mayer 1985 (4) SA 332 (ZH)

S v Mazviwa A-301-77

S v Mbizi 1989 (3) ZLR 317 (S)

S v Mbobola A-72-74

S v Mbulawa HB-62-06

S v McGown 1995 (1) ZLR 4 (H)

S v McLean 2000 (2) ZLR 239 (S)

S v Mead S-75-91

S v Mema HB-143-13

S v Meikle 2014 (2) ZLR 526 (H)

S v Meyer 1971 (1) RLR 62 (G)

S v Mhako 2012 (2) ZLR 73 (H)

S v Mhanje 2000 (2) ZLR 20 (H)

S v Mharapara 1985 (2) ZLR 211 (S)

S v Mhomho S-57-06

S v Mhute HH-784-15

S v Mkwetshana 1965 (2) SA 493 (N)

S v Mlambo 1994 (2) ZLR 410 (S)

S v Modus Publications & Anor 1996 (2) ZLR 553 (S)

S v Moono HB-45-90

S v Mothoana 1992 (2) SACR 383 (O)

S v Motleleni 1976 (1) SA 403 (A)

S v Moyo 1969 (1) RLR 162 (G)

S v Moyo 2013 (2) ZLR 225 (H)

S v Moyo S-148-87

S v Moyo S-45-84

S v Mpa 2014 (1) ZLR 572 (H)

S v Mpala 1986 (2) ZLR 93 (S)

S v Mpande HB-43-11

S v Mpofu & Anor CCZ-20-16

S v Mpofu A-14-74

S v Mpofu 1969 (1) SA 334

 

S v Mpofu 1968 (2) RLR 319

S v Mtshilselwe & Ors 1957 (3) SA 313 (E)

S v Muchaparara HH-99-04

S v Muchemesi HH-287-15

S v Mucherechedzo & Anor 1982 (1) SA 215 (ZS)

S v Muchingura HH-264-84

S v Mudimu A-120-80

S v Mudoti 1986 (4) SA 278 (ZS)

S v Mugandani HH-635-15

S v Mugwagwa S-24-88

S v Mugwanda 2002 (1) ZLR 574 (S)

S v Mukwambuwe 2014 (2) ZLR 115 (H)

S v Muleya & Ors S-69-88

S v Mumpande & Ors 2014 (2) ZLR 417 (H)

S v Munga 2003 (1) ZLR 591 (H)

S v Munjoma & Anor HH-91-04

S v Munyani 1971 (2) RLR 131 (A); 1972 (1) SA 411 (RA)

S v Mupawaenda HH-40-16

S v Murangarire 1977 (2) RLR 73 (GS); 1977 (4) SA 237

S v Murisi 2013 (1) ZLR 89 (H)

S v Musedza 2015 (1) ZLR 927 (H)

S v Musariri HH-473-88

S v Musarurwa HH-212-84

S v Mushuku HB-95-04

S v Musimwa S-198-94

S v Musindo A-132-78

S v Musumhiri 2014 (2) ZLR 223 (H)

S v Mutetwa HH-373-87

S v Mutizwa & Ors 1988 (2) ZLR 74 (S)

S v Mutonga S-71-83

S v Mutowo 1997 (1) ZLR 87 (H)

S v Mutsipa S-3-90

S v Muwombi HH-164-16

S v Muzuzu A-67-80

S v Mwanakwaye HH-107-15

 

 

S v Nangani 1982 (1) ZLR 150 (S)

S v Ncube & Anor (1) 2002 (2) ZLR 153 (H)

S v Ncube & Anor S-58-14

S v Ncube (2) 2002 (2) ZLR 524 (H)

S v Ncube 1977 (2) RLR 304 (G); 1978 (1) SA 1178

S v Ncube 1983 (2) ZLR 111 (S)

S v Ncube GB-47-80

S v Ncube HB-148-88

S v Ncube HB-27-85

S v Ncube HB-70-11

S v Ncube S-14-87

S v Ncube S-58-14

S v Ndadzimudzwa S-19-92

S v Ndebu & Anor 1986 (2) SA 133 (ZS)

S v Ndiwene 1971 (3) SA 260 (RA)

S v Ndlovu & Anor HH-70-06

S v Ndlovu & Anor HB-188-16

S v Nduli & Ors 1993 (2) SACR 501 (A)

S v Ndzombane S-77-04

S v Ngulube & Anor S-112-93

S v Ngwanda HH-30-2006

S v Ngwenya HB-117-14

S v Nhamoinesu S-56-95.

S v Nhidza 1996 (1) ZLR 204 (H)

S v Nhlapo 1981 (2) SA 744 (A)

S v Nicolle 1991 (1) ZLR 211 (S)

S v Njara S-95-84

S v Nkombani 1963 (4) SA 877 (A).

S v Nkomo 2007 (1) ZLR 357 (S)

S v Noah A-4-80

S v Nortje 2003 (1) ZLR 255 (H)

S v Nxumalo HB-68-16

S v Nyamande HH-719-14

S v Nyathi S-52-95

S v Nyati 1974 (2) RLR 19 (A)

S v Nzo & Anor 1990 (3) SA 1 (A)

S v O’Neill S-232-95

 

S v P 1972 (2) SA 412 (A)

S v Panje 1983 (1) .ZLR 108 (H)

S v Papenfus GS-116-70

S v Paradza 2006 (1) ZLR 20 (H)

S v Phiri 2015 (1) ZLR 148 (H)

S v Phiri S-190-82

S v Pretorius 1975 (2) SA 85 (SWA)

 

S v Rahman S-178-82

S v Raisa 1979 (4) SA 541 (O)

S v Ranchi HH-155-17

S v Randen & Anor 1980 RLR 473 (A)

S v Rashamira HH-963-15

S v Reggis 1972 (1) RLR 110 (G)

S v Richards 2001 (1) ZLR 129 (S)

S v Roffey 1991 (2) ZLR 47 (H

S v Rorewe A-49-78

S v Rukonkunda S-27-85

S v Ruredzo 1982 (2) ZLR 181 (S)

S v Russell 1967 (3) SA 739 (N)

S v Rwodzi 2001 (2) ZLR 127 (H)

 

S v S 1971 (2) SA 591 (A)

S v Sabawu & Anor 1999 (2) ZLR 314 (H)

S v Sangare S-118-83

S v Sanyanga S-106-86

S v Sanyangu S-106-86 

S v Schoeman 1974 (2) RLR 52 (A)

S v Seekoi 1984 (4) SA 690 (A)

S v Senekal 1969 (4) SA 478 (RA)

S v Shonhiwa 1987 (1) ZLR 215 (S)

S v Sibanda S-137-93

S v Sixishe 1992 (1) SACR 624 (Ch A)

S v Smith 1980 ZLR 32 (G)

S v Smith 1990 (1) SACR 130 (A)

S v Stanley 2010 (1) ZLR 380 (H)

S v Stanley HH-97-10

S v Stephen 1992 (1) ZLR 115 (H)

 

S v Taanorwa 1987 (1) ZLR 62 (S)

S v Tamayi & Ors 1982 (1) ZLR 267 (S)

S v Tanengwa A-167-70 

S v Tapera 2012 (2) ZLR 246 (H)

S v Tapindwa 2009 (2) ZLR 190 (H)

S v Tapindwa HB-97-09

S v Tarmacadam Services A-64-78

S v Tembani 2007 (2) SA 291 (SCA)

S v Time A-21-81

S v Tirivanhu 2010 (1) ZLR 361 (H)

S v Tissen 1979 (4) SA 293 (T)

S v Trickett 1973 (3) SA 526 (T)

S v Tshuma A-17-74

S v Tshuma A-202-79

S v Tshuma HB-70-13

S v Tsvangirai & Ors 2004 (2) ZLR 210 (H)

S v Tsvangirai 2001 (2) ZLR 426 (S)

 

S v Vambe 1986 (1) ZLR 168 (S)

S v Van As & Anor 1967 (4) SA 594 (A)

S v Van As 1976 (2) SA 921 (A)

S v van Rensburg 1987 (3) SA 35 (T)

S v Van Wyk 1967(1) SA 488 (A)

S v Volschenk 1968 (2) PH H 283 (D)

 

S v Walata HH-84-89

S v Watamba S-4-85

S v Weale & Anor 2014 (2) ZLR 252 (H)

S v Wessels & Anor 1985 (4) SA 153 (C)

S v Westgate Investments (Pvt) Ltd 2010 (2) ZLR 12 (H)

S v Wiid 1990 (1) SACR 561 (A)

S v Williams S-10-94

S v Wilson & Ors HH-114-04

S v Wright S-184-89

 

S v Yolelo 1981 (1) SA 1002 (A)

 

S v Zabron & Anor 1971 (3) SA 918 (RA)

S v Zemura 1973 (2) RLR 357 (A); 1974 (1) SA 584 (RA)

S v Zhakata 2013 (1) ZLR 58 (H)

S v Zimbabwe United Freight Company Ltd. 1990 (1) ZLR 138 (S)

S v Zvimire & Anor HH-336-83