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Mashudu Netsianda Senior Court Reporter
AN Esigodini man who hacked his 84 year-old father to death with a machete so that he could inherit his homestead was yesterday sentenced to life imprisonment.
Bulawayo High Court judge, Justice Maxwell Takuva, convicted Nkosilathi Sibanda, 43, of Luvuma village on a charge of murder with actual intent for killing his father, Simeon Sibanda.
Nkosilathi had pleaded guilty to a charge of murder with constructive intent.
Justice Takuva concluded that a long standing animosity between Nkosilathi and his parents was an extenuating factor.
“We find that there are no aggravating circumstances because of the fact that Nkosilathi believed that his father was discriminatory in the manner that he treated him compared to other siblings,” said the judge.
In his judgment, Justice Takuva said Nkosilathi deliberately aimed for the head, a vulnerable part of the body, which effectively meant that his intention was to kill him.
“”It can’t be disputed that when you struck your father thrice on the head you foresaw death. According to a report by pathologists, you used severe force causing a skull fracture and in our view you knew death was a certainty. Accordingly, you’re found guilty of murder with actual intent,” the judge ruled.
“You committed a heinous murder by killing your father, a defenceless 84-year-old man so that you could take over his homestead. You had a deep rooted hatred for your father because he didn’t want you in his homestead, hence you decided to extinguish his life,” he said.
Justice Takuva said Nkosilathi was lucky to escape the gallows because the crime was not committed under aggravating circumstances.
In passing the sentence, Justice Takuva described Nkosilathi as a wicked and non-reformative person who did not deserve a second chance in society.
“The murder was committed in a brutal and callous manner and we’re convinced that you’re of violent disposition and a threat to your family and the society. If given another chance you are likely to turn on your mother, hence we’re of the view that you should not be allowed to walk freely in this country and an appropriate sentence would be life imprisonment,” ruled Justice Takuva.
Prosecuting, Samuel Pedzisayi said on July 11 last year shortly after 9AM, Nkosilathi was chopping firewood using a machete in a bush along a footpath leading to his family garden when his father approached.
Sibanda, who was coming from his homestead, asked his son why he had driven their neighbour’s cattle into the bush instead of taking them to their disused field.
The court heard that Nkosilathi responded harshly. Sibanda was not amused by the manner in which his son answered and immediately ordered him to leave his home.
Nkosilathi was angered by his father’s reaction and struck him thrice on the head with a machete and he fell down.
“Soon after committing the crime, Nkosilathi fled the scene leaving his father lying in a pool of blood,” said Pedzisayi.
Nkosilathi hid the blood-stained machete in their family garden. Sibanda was later discovered by his granddaughter who alerted elders.
The court heard that Nkosilathi was once convicted and sentenced to jail for violating a court order. This was after his father had applied for a peace order against him.
In his mitigation through his lawyer, Sifisosethu Nkomo of R Ndlovu and Partners, Nkosilathi pleaded for leniency, saying he was remorseful. He said he acted out of anger after Sibanda demanded that he vacate his homestead.
Nkomo said his client confessed to the crime and co-operated with police.
Online Reporter