The State v Trust Ndlovu

HB 242/20

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Case Details

Court

Bulawayo High Court

Date

5 October 2020

Citation

HB 242/20

Neutral Citation

[2020] ZWHB 242

Outcome

unknown

Case Type

Trial

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA J

Areas of Law

Criminal LawMurder

Keywords

murderaxeprovocationself-defencegambling school

Key Issues

{"issue_text":"Whether the accused is guilty of murder as defined in section 47(1)(b) of the Criminal Law Act","issue_type":"mixed","dispositive":"yes","related_facts":"Accused struck deceased twice with axe on vulnerable parts; used severe force; continued despite warning"}
{"issue_text":"Whether the defence of provocation applies to reduce murder to culpable homicide","issue_type":"law","dispositive":"yes","related_facts":"Accused claims loss of self-control due to suspected theft; walked distance to get weapon; continued after warning"}

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background

Facts of the Case

Background

The accused unlawfully struck Themba Ndlovu with an axe on the head and face, causing his death. The accused suspected the deceased had stolen his wallet while they were at a gambling school and attacked him with an axe belonging to Nqobile Nkomazana.

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