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Bulawayo High Court

THE STATE v THEMBELENKOSINI MLOTSHWA

HB 161/25

Case Details

Court
Bulawayo High Court
Date
29 September 2025
Citation
HB 161/25
Neutral Citation
[2025] ZWHB 161
Outcome
unknown
Case Type
Trial

Bench

Presiding
NDUNA J
Full Bench
NDUNA J
Areas of Law
Criminal LawEvidence
Keywords
MurderOkapi knifeIntentionWitness evidencePost-mortem
Tags
MurderIntentionSelf-defence
legislation
Statutes Cited
  • Criminal Law Code of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the accused caused the death of the deceased.","issue_type":"fact","dispositive":"yes","related_facts":"The accused's presence at the scene, the stab wound, the post-mortem findings."}
  • {"issue_text":"Whether the accused acted with actual or constructive intention to kill.","issue_type":"law","dispositive":"yes","related_facts":"The nature of the attack, the depth of the wound, the accused's flight from the scene."}
  • {"issue_text":"Whether the accused's defence of accidental stabbing during a struggle to disarm the deceased is credible.","issue_type":"fact","dispositive":"yes","related_facts":"Contradiction between eyewitness testimony and accused's version."}
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background
Facts of the Case

Background

On 1 January 2025, the accused stabbed the deceased once in the abdomen with an okapi knife at Old Pumula Shopping Centre, Bulawayo, causing fatal injuries. The accused claimed the deceased was the aggressor and the stabbing was accidental during a struggle to disarm the deceased, but two eyewitnesses testified that the accused produced the knife and stabbed the deceased after being hit with a chair.
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