The two accused persons were charged with contravening section 368(2) as read with section 368(4) of the Mines and Minerals Act [Chapter 21:05]. On 20 July 2010, they prospected for minerals on the Mtshabezi River in Gwanda without holding the required licences or permits. Both accused were widows with minor children. They appeared before a Provincial Magistrate at Gwanda and pleaded guilty. The trial magistrate convicted them and sentenced each to 12 months imprisonment, of which 8 months were suspended for 5 years on condition of no further offending, and the remaining 4 months were suspended on condition of performing 140 hours of community service. The trial magistrate found that their status as widows constituted special circumstances justifying departure from the mandatory minimum sentence of 2 years imprisonment prescribed by the Act.