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Harare High Court
The State v Edson Mukohwa and Peter Tabviroona and Elemigio Shamuyarira and Knoweldge Mukuku and Simbai Chidodo and Conrad Chipango
HH 230-18
Case Details
Court
Harare High Court
Date
19 March 2018
Citation
HH 230-18
Neutral Citation
[2018] ZWHH 230
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Criminal procedureEvidenceMurder
Keywords
murderdrowningreligious sectfactionalismdischargeinsufficient evidencepolice investigation
Tags
murderreligious factionalismdischarge applicationinsufficient evidence
legislation
Statutes Cited
- Criminal Law (Codification and Reform) Act
- Criminal Procedure and Evidence Act
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether there is sufficient evidence to establish a prima facie case against the accused persons at the close of the State case","issue_type":"procedural","dispositive":"yes","related_facts":"No positive identification of accused, no direct evidence linking accused to crime"}
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background
Facts of the Case
Background
Six accused persons were indicted for the murder of Jacob Zifingo who was allegedly drowned in Zisokwe River on 16 March 2014. The case involved factionalism within the Johanne Masowe Vadzidzi vaJesu religious sect, where the deceased was victim of a witch hunt between opposing factions over adoption of "Tianshe" practices. The State led evidence from witnesses who could not positively identify any of the accused as perpetrators.
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