THE STATE v NKOSILATHI KHULUZA MATHEMA, TIMOTHY MDUDUZI DUBE, NKOSILATHI NYATHI, and DERIES MABALEKA

HB 175/19

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Case Details

Court

Bulawayo High Court

Date

30 July 2019

Citation

HB 175/19

Neutral Citation

[2019] ZWHB 175

Outcome

unknown

Case Type

Trial

Bench

Presiding

MABHIKWA J

Full Bench

MABHIKWA JMr J. Sobantu (Assessor)Mr M. Ndlovu (Assessor)

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderIdentificationForensic EvidenceSection 198(3)Discharge

Key Issues

{"issue_text":"Whether the state has established a prima facie case requiring the accused to answer.","issue_type":"procedural","dispositive":"yes","related_facts":"Failure to preserve evidence, death of witnesses, lack of identification, witness unreliability"}
{"issue_text":"Whether the failure to conduct an identification parade was fatal to the state's case.","issue_type":"procedural","dispositive":"yes","related_facts":"Witnesses did not know accused prior to arrest; no parade conducted"}
{"issue_text":"Whether the loss of forensic evidence (blood-stained items) prejudices the state's case.","issue_type":"fact","dispositive":"yes","related_facts":"Exhibits not preserved; no DNA testing"}

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background

Facts of the Case

Background

The deceased was allegedly attacked and stabbed by four accused persons on 24 May 2010 in Makokoba, Bulawayo. He died from his injuries. The state's case was weakened by the death of key witnesses, loss of crucial forensic evidence (blood-stained jacket, shoes, and cap), and failure to conduct identification parades. After a nine-year delay, the trial commenced, and at the close of the state case, the accused applied for discharge.

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