Judgment No. CCZ 7/2015 1
Const. Application No. CCZ 472/14
REPORTABLE
(50)
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DANIS
DAVID KONSON
v
THE STATE
CONSTITUTIONAL COURT OF ZIMBABWE
CHIDYAUSIKU CJ, MALABA DCJ, GWAUNZA JCC,
GARWE JCC, GOWORA JCC, HLATSWAYO JCC,
PATEL JCC, GUVAVA JCC & MAVANGIRA AJCC
HARARE, MARCH 11 & JULY 22, 2015
L Nkomo with him R Ndlovu, for the applicant
A Mureriwa, for the respondent
GOWORA JCC:
On 3 February 2014 under Case No HB 158/13, the High
Court sitting at Bulawayo convicted the applicant of murder with actual intent to kill. After
finding that there were no extenuating circumstances surrounding the commission of the
offence, the court passed a sentence of death.
The background facts surrounding the applicant’s conviction and sentence
were the following. The deceased and the applicant had a love relationship which had, at the
time of the deceased’s demise, lasted a number of years. As a measure of his love, the
applicant set the deceased up in business, in the form of a shop in the rural area in which the
deceased resided. The deceased was allegedly not happy with the treatment that the applicant
was subjecting her to and terminated their relationship. She subsequently entered into a new
relationship with another man.