The State v Remarks Ndlovu

The accused, aged 24 years, was charged with the murder of his 74-year-old paternal grandmother. On 25 October 2019 at around 1800 hours, at Halauba Village, Sun Yet Sen, the accused left his bedroom verandah armed with an axe and followed the deceased into her bedroom. Without any apparent motive, he struck the deceased once on the forehead and once on the back of the head with the axe (measuring 85cm total length, blade 17.8cm, weighing 1.7kg), causing deep cuts. The deceased was initially taken to St Joseph Mission Hospital, transferred to Maphisa District Hospital, and later to United Bulawayo Hospitals where she died on 31 October 2019 from cerebral edema, encephalic contusion, and head trauma. The accused had a history of daily drug and alcohol abuse since childhood (he attended school up to Grade 7). He told psychiatrists he believed the deceased was bewitching him as he was not progressing well in life.

• Whether the accused had the mental capacity to appreciate the wrongfulness of his conduct at the time of committing the offence
• Whether the accused should be found not guilty by reason of insanity under section 29 of the Mental Health Act
• Whether substance-induced psychosis negated criminal liability

1. The accused is found not guilty by reason of insanity in terms of section 29 of the Mental Health Act (Chapter 15:02). 2. The accused is to be returned to prison pending transfer to Mlondolozi Special Institution for further examination and care.

Where an accused person, at the time of committing an offence, was suffering from a mental disorder (including substance-induced psychosis) to such a degree that he was incapable of appreciating the wrongfulness of his conduct, he lacks the requisite mental capacity for criminal liability and must be found not guilty by reason of insanity in terms of section 29 of the Mental Health Act (Chapter 15:02). Substance-induced psychosis can constitute a mental disorder sufficient to negate criminal liability if it renders the accused incapable of appreciating the wrongfulness of his actions at the time of the offence.

The court observed that cases of murder arising from drug and substance abuse are on the increase, with young persons being exposed to dangerous substances and harmful drugs leading to mental disorders. Makonese J expressed the view that there is an urgent need to adopt a robust approach to issues of mental health as well as drug and substance abuse. These comments reflect judicial concern about a broader societal problem but were not necessary for the determination of the case.

This case is significant in Zimbabwean criminal jurisprudence as it demonstrates the application of the insanity defense in the context of substance-induced psychosis. It highlights the intersection between drug and substance abuse and mental health law, and the circumstances under which mental disorder arising from substance abuse can negate criminal liability for serious offences including murder. The case also draws attention to the increasing prevalence of murder cases arising from drug and substance abuse among young persons, and emphasizes the need for a robust approach to mental health and drug abuse issues in the criminal justice system.