Judgment No CCZ 1/2015 2
Const. Application No SC 54/11
celebrations. At about 19.00 hours, the applicant approached the deceased where he was
seated and eating some food. Without saying anything to him he suddenly attacked him. He
kicked him on his back and stomach several times. The deceased fell to the ground, started
vomiting and became unconscious.
The deceased was carried into one of the rooms at the homestead by people
who were attending the celebrations. They rendered some first aid and he regained
consciousness during the night. On the following day at about 07.00 hours the deceased was
ferried to St Michael’s hospital in Mamina for treatment where he was admitted due to the
seriousness of his condition. On 21 April the deceased died.
A post mortem examination was conducted and the doctor found that the
death was caused by severe peritonitis, perforated colon and blunt trauma consistent with a
kick.
The applicant was arrested and charged with the crime of murder on 21
April 2005 and placed on remand at Chivhu Magistrates Court. He was granted bail after
spending twenty days in custody.
On 4 April 2006 the murder charge was reduced to culpable homicide. The
Attorney General’s Office directed that the matter be tried before a Regional Magistrate at
Chitungwiza Magistrates Court as there was no regional court at Chivhu. The trial failed to
commence on a number of occasions. On 9 February 2009, when the matter was set down
for trial, the applicant made an application for the matter to be referred to the Supreme Court
in terms of s 24 (2) of the old Constitution on the basis that there had been an inordinate
delay in finalising the trial. The applicant sought the following relief:-