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Bulawayo High Court

State v Lucky Mwembe

HB 152/21

Case Details

Court
Bulawayo High Court
Date
12 August 2021
Citation
HB 152/21
Neutral Citation
[2021] ZWHB 152
Outcome
unknown
Case Type
Review

Bench

Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Criminal LawStatutory Interpretation
Keywords
witchcraft accusationsection 99 Criminal Law Codification and Reform Actinterpretation of "accuse a person of witchcraft"
Tags
witchcraftcriminal reviewstatutory interpretation
legislation
Statutes Cited
  • Criminal Law (Codification and Reform) Act
  • Criminal Law (Codification and Reform) Act
  • Criminal Law (Codification and Reform) Act
  • Criminal Law (Codification and Reform) Act
  • Witchcraft Suppression Act (repealed)
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Does section 99 of Criminal Law Codification and Reform Act criminalise mere utterances that one is a witch or wizard without alleging use of non-natural means?","issue_type":"law","dispositive":"yes","related_facts":"Accused called complainant wizard without alleging non-natural means"}
  • {"issue_text":"Is there a contradiction between section 99(1) and 99(2) regarding requirement of \"purported use of non-natural means\"?","issue_type":"law","dispositive":"no","related_facts":"Statutory interpretation of sections 99(1) and 99(2)"}
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background
Facts of the Case

Background

A 30-year-old accused met 78-year-old complainant at his grinding mill and called him a wizard in Tonga language ("ulalowa Filimon" meaning "you are a wizard Filimon") without alleging use of non-natural means. Regional Magistrate sought guidance on whether this constituted an offence under section 99.
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