THE STATE v MLINDELI SIZIBA And MTHULISI MOYO

HB 134/25

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Case Details

Court

Bulawayo High Court

Date

26 June 2025

Citation

HB 134/25

Neutral Citation

[2025] ZWHB 134

Outcome

unknown

Case Type

Trial

Bench

Presiding

KABASA J

Full Bench

KABASA JMr. T.E Ndlovu (Assessor)Mr. J. Zulu (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderSelf-defenceCommon purposeAssaultKnifePostmortem

Key Issues

{"issue_text":"Whether accused 1 acted in self-defence when he stabbed the deceased","issue_type":"law","dispositive":"yes","related_facts":"Accused 1's claim that deceased attacked him; deceased was stabbed in the back while fleeing"}
{"issue_text":"Whether accused 2 participated in the assault and shared common purpose with the other assailants","issue_type":"law","dispositive":"yes","related_facts":"Accused 2's presence at scene; conflicting witness testimony about his participation"}
{"issue_text":"Whether the state proved murder against accused 1 beyond reasonable doubt","issue_type":"law","dispositive":"yes","related_facts":"Nature of injuries, use of lethal weapon, multiple stabbings"}

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background

Facts of the Case

Background

On 23 August 2024, the two accused and others assaulted the deceased after he suggested they give away a monkey they failed to sell. The deceased fled but was pursued. Accused 1 stabbed the deceased multiple times in the back with a knife, causing his death. Accused 2 was acquitted, while accused 1 was found guilty of murder.

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