Imbiber killed over 4 rand

Mashudu Netsianda Senior Court Reporter
A National Railways of Zimbabwe security guard was yesterday sentenced to 18 years in jail for fatally striking his drinking colleague with a concrete brick on the head after he failed to contribute four rand towards the purchase of two litres of opaque beer.
Zibusiso Mpofu, 23, of Cowdray Park in Bulawayo, denied having intentionally killed Ronald Dhliwayo following the dispute and offered a plea of guilt to a lesser charge of culpable homicide.

However, Bulawayo High Court judge Maxwell Takuva convicted him of murder with actual intent.
In his judgment, Justice Takuva said it was worrying to note that youths were the main perpetrators of violent crimes.

“It is quite disturbing to note that youthful offenders aged between 21 and 25 are the ones contributing to an increase in violent crimes, particularly in beer drinking places. It is no doubt that both the accused and the deceased were drunk at the time of committing the crime.

“The reason for the fight was trivial, a fight over R4. Surely life cannot be this cheap? The accused’s reaction was irrational and senseless which resulted in loss of life and such crimes deserve severe punishment. It is disturbing that people are being killed over petty issues hence it is the duty of courts to stem the tide,” ruled Justice Takuva.

Prosecuting, Nothabo Ngwenya told the court that Mpofu and Dhliwayo were drinking beer together at Corner Lobengula Street and 13th Avenue when Mpofu requested his colleague to contribute four rand to buy beer.

Dhliwayo indicated that he had no money and Mpofu refused to accept that and a misunderstanding ensued, degenerating into a fist fight.
“Mpofu and Dhliwayo went outside the bar and crossed Lobengula Street towards Zesa Power Station where a fist fight ensued. Mpofu fled towards his place of work at Railway Avenue with the deceased in pursuit of him,” said Ngwenya.

Mpofu was caught by the victim and he picked up a brick and struck Dhliwayo on the back.
Dhliwayo temporarily retreated when a member of the public restrained them, but went back to Mpofu where the fight resumed.

The court heard that during the second round of the fight, Dhliwayo fled from the scene but Mpofu gave chase.
He caught up with him and then struck him with a brick on the right side of the head just above the ear, killing him instantly.

Njabulo Dube, the first state witness, told the court that on the day Dhliwayo was killed, he was in the company of the two men.
“We were drinking together with the accused and the deceased. Mpofu asked Ronald to go and buy some beer. Ronald replied that he had no money to buy more beer.

“Mpofu then returned six empty beer pints to the cashier where he was given six rand for exchange of the bottles.
“Then Mpofu returned and requested for four rand from the deceased so that they could buy a Calabash but the deceased insisted that he had no money.

“Mpofu pulled the deceased outside the bar, and the two got into a fist fight. The accused fled towards Railway Avenue pursued by the deceased and I followed them 10 minutes later where I found the deceased lying on the ground.”

Another state witness, Wellington Sithole, told the court that he saw the two fighting.
“I asked the duo why they were fighting and the deceased said he wanted his four rand from Mpofu. I advised them to stop fighting but they pursued each other and I saw the deceased falling on the edge of the road and the accused picking a quarter brick and hitting the deceased.”

In his defence through his lawyer, Prayer Muzvuzvu of Muzvuzvu and Mguni Law Chambers, Mpofu denied the murder charge.
In mitigation he said Mpofu now in his sober senses, regrets being responsible for Dhliwayo’s death and was a youthful first offender whose wife was pregnant.