S v MAHUNGO 2020 (1) ZLR 564 (H)
Citation | 2020 (1) ZLR 564 (H) |
Case No | Judgment No. HH-250-20 |
Court | High Court, Harare |
Judge | Tsanga J & Assessors |
Heard | 12 June 2017;14 June 2017; 15 October 2019; 3 December 2019; 10 February 2020; 19 February 2020; 6 March 2020 |
Judgment | 9 March 2020 |
Counsel | S W Munyoro, for the State |
Case Type | Criminal trial |
Annotations |
Flynote
Constitutional law – Constitution of Zimbabwe 2013 – national objectives – promotion and preservation of cultural values and practices which enhance the dignity and equality of Zimbabweans (s 16) – practice of witchcraft and related acts – not a cultural value enhancing dignity of Zimbabweans – right to language and culture (s 63) – not to be exercised in manner inconsistent with fundamental rights set out in Constitution – belief in witchcraft – not basis for allowing believer to deprive another person of rights
Criminal procedure (sentence) – general principles – factors affecting sentence – belief in witchcraft – when may be mitigating
Criminal procedure (sentence) – offences under Criminal Law Code – murder – defences – provocation – belief in witchcraft – belief that deceased person was a witch or wizard – not in itself sufficient to constitute provocation
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.