Online Reporter
Mashudu Mambo
THE 21-YEAR-OLD man from Matsheumhlope, Bulawayo who allegedly helped his friend cover up a murder by dissolving the victim’s body in acid, has been acquitted.
Cassy Chivako recently stood before Bulawayo High Court Judge Justice Ngoni Nduna, facing charges of being an accessory to murder. He pleaded not guilty to the charge and was acquitted after the state failed to prove its case.
While handing down the judgment, Justice Nduna indicated that the state failed to prove the accused’s involvement in the offence.
“The accused is facing a charge of being an accessory in the crime of murder as outlined in the charge. The state alleges that the accused hatched a plan with Paul Tawana Clifford Ngwenya to dissolve the body of Tapelo Mazolo.
“There are a number of issues in this case that are of common cause and these are that Ngwenya and the accused went to town to buy a 200-litre blue container and acid. This was after Ngwenya who was working at a bio-chemical company had indicated that he wanted the container and acid for a client. It is also common cause that the accused provided a saw which was used to cut the drum and returned it to his home,” he said.
Justice Nduna stated that the state did not prove the assumption that the two hatched a plan to dissolve the body in acid.
“The alleged assumption by the state that the accused and Ngwenya hatched a plan to dissolve the body in acid was not explained. The accused was invited by Ngwenya to the house and when he got there, he was not aware of the body of the deceased which prompted him to ask about the blood stains on the wall. This is when Ngwenya indicated that he had killed Mazolo.
“As soon as the accused heard about this, he drifted away to disassociate himself from the offence. However, Ngwenya advanced and grabbed the accused and threatened to kill him if he disclosed the matter to anyone and in fear, he complied with his instructions of lifting up the drum and placing it in the bathroom,” he said.
Justice Nduna indicated that nothing belonging to the deceased was recovered from the accused.
“During the investigations, there is nothing belonging to the deceased that was recovered from the accused and when investigations were carried out, the accused was arrested from his home while Ngwenya had fled to Harare.
“It is the duty of the state to prove the guilt of an accused person. It is the view of this court that the state has not managed to prove the guilt of the accused person, he is therefore found not guilty and acquitted,” said Justice Nduna.
According to prosecutors, on May 30, 2020, Chivako’s friend, Paul Tawana Clifford Ngwenya, allegedly attacked and killed Tapelo Mazolo, a maid employed at a residence in Matsheumhlope.
Ngwenya reportedly struck Mazolo with an iron pole, resulting in her death.
In an attempt to conceal the crime, Chivako and Ngwenya allegedly devised a plan to dissolve the victim’s body. They purchased 25 litres of a named acid from a local store and a 200-litre drum from Ascot Mall. Chivako then assisted Ngwenya in submerging the body in the acid-filled drum.
The crime was uncovered on 10 June 2020 when Buzwani Ngwenya, a gardener at the same residence, entered the main house to turn off some lights. Upon noticing a foul smell, he immediately alerted the police.
Detectives from Hillside Police Station and CID Homicide responded to the scene. Inside the deceased’s room, they discovered a blue drum in the en-suite
bathroom containing a corrosive liquid. Wrapped in a black plastic bag inside the drum was the decomposing body of the victim.
Following investigations, both Chivako and Ngwenya were arrested. However, medical examinations later revealed that Ngwenya suffers from a mental disorder, leading to his admission to Mlondolozi Special Institution.
