The State v Sifiso Jehova Falami Jubane

On 19 October 2016, along Old Victoria Falls Road near St Lukes Hospital in Lupane, the accused struck the deceased, Misimuzi Mpofu (aged 18 years), once on the forehead with an axe. The deceased was walking home from Zvangendaba High School with Morris Moyo and Mitchel Sithole when the accused suddenly and without warning charged at the group. The accused struck the deceased with an axe, which became embedded in his forehead. The deceased fell unconscious and the accused removed the axe before proceeding to his homestead. The deceased was taken to St Lukes Hospital where he died upon admission. A post mortem report revealed the cause of death as severe brain damage, depressed skull fracture, and chop wound from assault. The axe used was 1.4kg with a 78cm handle and a blade 5.5cm wide and 14cm long. The accused had a prior history of mental illness and was diagnosed with schizophrenia associated with comorbid substance use disorder. At the time of examination on 14 June 2017, he exhibited psychotic symptoms including delusions of grandiose and persecution, auditory hallucinations, and believed he had twenty wives, twenty-eight children, and possessed extra powers from God. He admitted the crime stating he received instructions from voices to protect his daughter.

• Whether the accused was criminally liable for the death of the deceased given his mental state at the time of the offence
• Whether the accused was suffering from a disease of the mind to such an extent that he could not be held criminally responsible for his actions
• Whether the defence of insanity applied to absolve the accused of criminal liability for murder

1. The accused is found not guilty and acquitted by reason of insanity. 2. The accused is hereby returned to prison pending transfer to Mlondolozi Special Institution for further examination and treatment in terms of section 29(2)(a) of the Mental Health Act (Chapter 15:23).

Where there is a reasonable possibility that an accused person was suffering from a disease of the mind (such as schizophrenia with psychotic symptoms including delusions and auditory hallucinations) to such an extent that he could not appreciate the wrongfulness of his conduct or act in accordance with such appreciation at the time of committing the actus reus, the accused cannot be held criminally liable for his actions and must be acquitted by reason of insanity. Upon such acquittal, the court must order the accused to be committed to a special institution for examination and treatment in terms of section 29(2)(a) of the Mental Health Act.

The court noted that the accused appeared to comprehend the proceedings and wore a serious face throughout the trial. The court also observed the detailed psychiatric findings including the accused's belief that he had twenty wives and twenty-eight children, possessed extra powers from God, and heard voices instructing him to protect his daughter. These observations, while relevant to the assessment of the accused's mental state, formed part of the court's general assessment rather than being essential to the legal principle applied.

This case illustrates the application of the insanity defence in Zimbabwean criminal law where an accused suffers from a severe mental disorder that negates criminal liability. It demonstrates the court's reliance on psychiatric evidence to determine whether an accused person had the mental capacity to be held criminally responsible for their actions. The case also shows the procedural safeguards where an accused found not guilty by reason of insanity is committed to a special institution for treatment rather than being released, balancing public safety concerns with the recognition that the accused requires medical intervention rather than punishment. The case emphasizes the importance of expert psychiatric testimony in cases involving mental illness defences.