Zim man ‘defiles’ mentally unsound minor

Dismissing Patrick Ndlovu's application, who is alleged to have defiled the minor sometime in 2020 in Masunga, Justice Nyamadzabo said the application had no merit because it was brought under an incorrect Section (278) of the Criminal Procedures and Evidence Act. “Section 278 will be applicable at the Magistrate's Court if the prosecutor did not turn up in court for the case. It does not appear whether that application was made before the Magistrate's Court from the applicant’s papers.

The respondent contends that the application should be dismissed because trial dates in the matter have already been set for October,” Nyamadzabo said.