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Judicial CP - June 2016

Corpun file 26400 at

The Chronicle, Bulawayo, 1 June 2016, p.3

School bullies arrested over indecent assault

By Mashudu Netsianda
Senior Court Reporter

Press cutting

TWO Bulawayo school bullies have been arrested for blindfolding three pupils and shoving sticks into their anuses.

Their victims had to be rushed to hospital after sustaining anal injuries.

The two boys aged 16 and 15 years, who attend Emganwini Secondary and Nketa Primary schools and cannot be named for legal reasons, were convicted of three counts of aggravated indecent assault by Bulawayo regional magistrate Mark Dzira.

They were sentenced to receive five strokes with a rattan cane.

In passing sentence, Dzira blamed the boys' parents for failing to offer parental guidance.

"The accused displayed an anti-social behaviour and their actions caused physical and psychological injury to the complainants.

It is clear that they lacked parental guidance and control since one of the accused's parents are both in South Africa and he stays with his grandmother," said the magistrate.

Dzira said although the two boys committed a gruesome offence, he could not send them to jail because of their age and lack of maturity.

"You deserved a stiff and deterrent sentence but because of your age you need to be given a second chance to reform.

"The court also notes that if incarcerated you'll come out of jail as hardcore criminals and become a burden to your parents and the community.

"Corporal punishment will meet the justice of the case and accordingly you'll receive five strokes," ruled the magistrate.

The accused's lawyer, Patience Moyo, from Justice for Children Trust pleaded for leniency, arguing that the two juveniles lacked maturity.

"The accused lacked maturity because of their age and they deserve a rehabilitative and reformatory sentence.

"They showed remorse and may the court tamper [sic] justice with mercy by giving the accused a second chance to mend their ways and become responsible citizens," said Moyo.

Prosecuting, Tinashe Dzipe said on July 6 last year, the complainant aged 13 absconded from school with his two friends.

They were playing at Nketa recreational park when they were spotted by their would be attackers.

The bullies took turns to shove sticks into each pupil's anus.

Corpun file 26403 at

New Zimbabwe, 14 June 2016

Court orders four strokes for 14-year-old HIV positive who raped niece

By Court Reporter


AN HIV positive Harare teen aged 14 has been sentenced to four strokes of caning after he was convicted for raping his six-year-old niece.

Magistrate Fadzai Muthombeni ruled that the boy, who cannot be named for legal reasons, will receive corporal punishment at Harare Remand Prison as well and counselling at Africaid.

The boy had denied the charges during the trial and argued that his six-year-old niece was the one who begged him for sex.

Court heard that the incident occurred in September last year.

According to prosecutor Ressy Nyamombe, the boy was being looked after by his niece's parents after his mother remarried.

The prosecutor said on an unknown date, the boy approached the girl who was sitting alone in the dining room while her mother was busy in the kitchen.

Court heard he went on to remove the girl's panties and raped her once without.

The little girl did not tell anyone about the incident until on September 21 when her aunt saw her scratching her genitals.

The aunt quizzed the girl who then opened up, leading to the arrest of the teenage boy.

Passing sentence, magistrate Muthombeni said it was painful to note that the 14-year-old committed the offence despite being aware of his HIV-positive status.

"Court has considered that, with his HIV status, the accused has to continue receiving counselling so that he will know and appreciate the consequences of his behaviour, especially considering his status," said the magistrate.

"This court is of the view that an effective sentence will make him appreciate the dangers and consequences of indulging in sexual intercourse at a tender age.

"Corporal punishment will meet the requirements of justice in this case."

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