Online Reporter
Fairness Moyana in Hwange
A MENTALLY ill man from Binga District in Matabeleland North Province who fatally stabbed his cousin has been acquitted of murder after the High Court returned a special verdict on grounds of insanity.
Qiniso Dube (30) of Mafurura Village under Chief Kavula in Lubimbi area had been charged with murdering his cousin, Asher Sibanda (23).
Bulawayo High Court judge who is on circuit in Hwange, Justice Evangelista Kabasa, ruled that Dube could not be held legally responsible for his actions because of mental illness in terms of Section 24(2) of the Mental Health Act.
The court ordered that Dube be transferred to a mental health institution for treatment and management.
According to agreed facts presented by prosecutor, Mrs Charlene Gorerino and the defence lawyer, Ms Joylyn Change, the incident occurred in the early hours of October 20, 2024.
The court heard that at around 1AM, Dube was walking from Ntando shops with the now deceased, his sister Nensi Dube, Siphosenkosi Sibanda and three juveniles when an argument broke out in the Chameja area.
Dube questioned why Sibanda was walking in their direction instead of returning home, and the disagreement escalated into a fight.
“The disagreement quickly escalated into shoving and pushing between the two cousins. Dube warned Sibanda to stop following them and return home. Sibanda remained behind while the rest of the group proceeded,” read part of the agreed statement.
Although relatives intervened and the group continued walking, the court heard that about an hour later, Dube suddenly emerged from behind a field belonging to Alex Sibanda and attacked his cousin.
Without warning, he punched Sibanda with a fist on the head, resulting in him falling, before sitting on him and stabbing him three times with a knife — once on the chest, once on the back and once on the left hand.
Sibanda managed to run into a nearby bush but later died from the injuries.
Medical evidence placed before the court showed that Dube was suffering from Schizophrenia and substance use disorder, conditions that severely affected his mental state at the time of the offence.
The court accepted the medical findings and ruled that he was mentally disturbed to such an extent that he could not be held criminally liable for the killing.
Bongani Ndlovu