Online Reporter
Fairness Moyana in Hwange
A 22-year-old woman from Jotsholo in Lupane, who killed her 14-month-old son by smashing his head against a rock, has been found not guilty of murder on account of insanity by the High Court sitting in Hwange.
Patience Gelly Moyo, of Sikhali 2 Village under Chief Mabhikwa, appeared before Bulawayo High Court judge Justice Bongani Ndlovu, who was presiding over the third term of the High Court circuit at the Hwange Magistrates’ Courts last week.
The court ruled that Moyo, a known mental health patient, was not legally responsible for her actions when she committed the offence in September last year. According to an agreed statement of facts presented by State Counsel Mrs Martha Cheda and defence lawyer from Dube, Nkala and Company, Moyo was suffering from simple type schizophrenia and was mentally detached at the time of the tragic incident.
The court heard that on September 6, 2024, at around 8AM, Moyo took her infant son, Musawenkosi Ndlovu, and fatally struck him against a rock near their homestead. She then placed his body on the bed, covered it with a blanket, and later went to fetch water with her mother-in-law, Sipho Ndlovu, and sister-in-law, Sisasenkosi Ndlovu.
When asked about the child’s whereabouts, Moyo told her family she had left him sleeping. Hours later, she screamed from the homestead, prompting her in-laws to rush back, where they discovered the lifeless body of the child with visible bruises on his face. Post-mortem results confirmed that the toddler had died from a skull fracture and subdural haematoma consistent with blunt force trauma. Both the State and defence agreed that Moyo’s actions were the result of her mental condition. The court therefore returned a special verdict of not guilty by reason of insanity, in terms of Section 29(2)(a) of the Mental Health Act (Chapter 15:12).
Justice Ndlovu ordered that Moyo be returned to Mlondolozi Psychiatric Hospital for further treatment and supervision.
The tragic case underscores the often-overlooked intersection between mental health and criminal responsibility, raising important questions about community awareness and support systems for individuals living with mental illness in rural areas.
