THE STATE v MEHLULI TSHUMA

HB 171/22

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Case Details

Court

Bulawayo High Court

Date

8 June 2022

Citation

HB 171/22

Neutral Citation

[2022] ZWHB 171

Outcome

unknown

Case Type

Trial

Bench

Presiding

Makonese J

Full Bench

Makonese JMr J. Ndubiwa (Assessor)Mr J.L.M. Zulu (Assessor)

Areas of Law

Criminal LawEvidence

Keywords

MurderWitchcraftMens ReaCulpable HomicideWitch-hunterTsikamutanda

Key Issues

{"issue_text":"Whether the accused lacked intention to kill by reason of belief in witchcraft","issue_type":"law","dispositive":"yes","related_facts":"Accused's belief in witchcraft, consultation with witch-hunter, assault of deceased"}
{"issue_text":"Whether the accused is guilty of murder with actual intent or culpable homicide","issue_type":"law/mixed","dispositive":"yes","related_facts":"Nature of assault, number of blows, weapon used, accused's state of mind"}
{"issue_text":"Whether belief in witchcraft can operate as a defence to murder","issue_type":"law","dispositive":"yes","related_facts":"Accused's genuine belief that deceased was bewitching him"}

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background

Facts of the Case

Background

The accused, believing he was bewitched by the deceased, consulted a witch-hunter who confirmed the deceased was the source of his spiritual problems. On 25 September 2019, the accused encountered the deceased and struck her six times on the head with a log, causing her death. The accused admitted the killing but claimed he lacked intent due to rage and his belief in witchcraft.

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