Artisanal miners jailed two years each for knobkerrie assault leading to death

THREE artisanal miners from Zhombe in the Midlands Province were on Wednesday sentenced to two years in prison each by the High Court for killing a fellow miner with a knobkerrie during a dispute over gold ore.

Ronny Fuzane (19), his brother Prosper (18), and Maxwell Sibanda (19) were convicted of culpable homicide by Justice Naison Chivhayo, sitting on circuit at the Bulawayo High Court in Gweru.

The three miners, all from Village 14 under Chief Ntabeni, Zhombe, had initially been charged with murder following the death of Herbert Nyoni (30), also of Village 14. However, they pleaded guilty to a lesser charge of culpable homicide.

They were sentenced to three years in prison, with one year conditionally suspended for five years, leaving them to serve an effective two years.

In sentencing, Justice Chivhayo considered their youth and the compensation they paid to Nyoni’s family.

“The court has considered the youthfulness of the accused persons and that they have been convicted of culpable homicide. The court has also considered that the accused paid compensation to the family of the deceased,” he said.

Prosecutor Ms Linah Mamombe told the court that on 17 September 2022, around 1pm, Ronny and Prosper were at Sibanda’s home when Nyoni and his friend, Knowledge Chipatiso, arrived, accusing them of stealing gold ore.

Nyoni was armed with a knobkerrie and an axe, while Chipatiso carried a knife. At the time, Sibanda was bathing, while Ronny and Prosper were in the backyard.

“The deceased and his friend inquired about Sibanda’s whereabouts from a relative at the homestead and were told he was bathing,” said Ms Mamombe.

Nyoni and Chipatiso went to the bathroom to confront Sibanda. After a brief conversation, Nyoni struck Sibanda on the forehead with a knobkerrie and fled.

Sibanda, Ronny, and Prosper pursued Nyoni and Chipatiso. Ronny and Prosper armed themselves with half-bricks during the chase. Ronny struck Nyoni with a brick, causing him to fall. Sibanda then returned, disarmed Nyoni, and struck him on the side of the head with a knobkerrie, rendering him unconscious.

The incident was reported to the police, leading to the trio’s arrest.

In their defence, the accused said they acted in self-defence as Nyoni had been the aggressor. They acknowledged, however, that their actions led to his death.