adminMashudu Netsianda Senior Court Reporter
BULAWAYO High Court judge Justice Francis Bere has postponed the retrial of Bulawayo businessman, Danis David Konson, who was last year sentenced to death for fatally shooting his ex-lover. Konson’s retrial, which was initially set for October 13, was moved to November 9 after his lawyers said he was not fit to stand trial.
They argued that he was not in the right state of mind to stand trial because of trauma having been on death row for 14 months.
Justice Bere ordered that Konson be examined by psychiatrists to ascertain his mental status. Konson, 63, of Parklands suburb, was in February last year sentenced to death by Justice Lawrence Kamocha. Through his lawyer, Advocate Lucas Nkomo, Konson challenged the verdict at the Constitutional Court, arguing that Justice Kamocha was hostile and biased in his judgment.
Adv Nkomo said his client’s right to a fair trial in terms of Section 69 (1) of the constitution was violated by the presiding judge who descended into the arena of conflict between himself and the State.
Chief Justice Godfrey Chidyausiku and seven others, sitting as the Constitutional Court’s full bench, in July ruled in Konson’s favour and subsequently ordered that he be retried before a different judge. Konson had initially lodged an appeal at the Supreme Court which referred the matter to the Con-Court for determination in terms of section 175 (4) of the constitution.
The section of the Constitution reads: “If a constitutional matter arises in any proceedings before a court, the person presiding over that court may and, if so requested by any party to the proceedings, must refer the matter to the Constitutional Court unless he or she considers the request is merely frivolous or vexatious.”
Konson shot his ex-girlfriend, Siphathisiwe Ncube, 28, three times after she dumped him. He was convicted and sentenced to death by hanging on February 3, 2014, for the September 10, 2013, murder. Konson had plied Ncube with gifts and opened a grocery store for her in Lupane.
He also bombarded her with letters promising her a good life, but she still walked out of their relationship after three years. Konson admitted the shooting but had pleaded not guilty, claiming that the killing had been accidental. He claimed that he was “confused and in a blackout” after walking in on Ncube and finding her with her new lover.
But Justice Kamocha said Konson had planned to kill by taking a gun for the visit to Ncube, who had told him in a letter that she had found a new man and was now married. Konson and Ncube began their relationship in 2008. In January 2012, the enamoured lover opened a shop for her, which he also helped her run.
In July 2012, Ncube told Konson that she wanted to end the relationship. He tried to persuade her to change her mind without success.
On September 10 last year, Konson went to Jotsholo Police Station and asked for help in solving the dispute between him and Ncube, telling cops that they were fighting over a business deal. Constable Wisdom Matupire accompanied him to Tshongogwe Business Centre where the meeting was to take place. But the mood quickly changed when Konson saw a half-naked man coming out of Ncube’s room at the grocery store and he opened fire on the woman who was wrapped in just a towel.
Konson told the court he suffered a “blackout” and pulled the trigger of his CZ 6.35mm pistol, shooting Ncube and the police officer. Ncube was shot twice in the face and once on the thigh and died instantly and the police officer escaped with injuries.
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