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Fairness Moyana in Hwange
A MAN from Inyathi in Bubi District who strangled his uncle before fatally whipping him with a switch after finding him pants down in bed with his wife has been jailed for four years.
Bernard Dube (41), of Village 3 Lukala, Siganda in Inyathi was first attacked by his uncle, Mthandazo Sibanda after catching him pants down in bed with his wife before he retaliated and killed him in anger.
He was lucky to escape with a four-year sentence after being convicted of culpable homicide by Bulawayo High Court judge, Justice Martin Makonese during the second sitting of the Hwange High Court circuit last week.
He will serve an effective three years after one year was suspended.
Describing Dube’s conduct as reckless, Justice Makonese said the court had taken into account that there was an element of extreme provocation on the part of the deceased who had invaded Dube’s wife.
“You caused the death by strangulation and inflicted some injuries on the body by using a switch, your conduct was reckless. The court notes that prior to the assault there was extreme provocation following the discovery of course with utter disgust that his uncle was in love with his wife. He had invaded his home and taken his wife. A man’s home is his castle and a man who finds someone at his home is bound to lose self-control.
“The court will take into account mitigation factors, however, one must not lose sight that a family also lost a breadwinner. Your morale blameworthiness is low and the courts note with concern that cases of this nature are on the increase. People should not resort to self-help. A non-custodial sentence will trivialise the offence hence sentence should reflect that,” said Justice Makonese.
The court heard that on 28 September 2018 at about 8pm, Sibanda arrived at Dube’s homestead and went into one of the huts after which he invited Dube’s wife, Sister Nkala to join him.
She accepted the invitation and joined Sibanda who was armed with an adze with the intention to defend himself against the police who were looking for him.
While the two were in the hut, they observed a human figure walk past the hut which then prompted them to go outside.
Nkala was in front while Sibanda followed behind armed with the adze. He subsequently attacked Dube who was standing outside his bedroom hut.
Dube, however, managed to disarm Sibanda and the adze fell to the ground. Sibanda tried to arm himself with a log but he consequently bumped onto a barbed wire which is used as a perimeter fence before tripping and falling to the ground on his back.
Dube then assaulted him with booted feet all over the body after which he pinned him down and assaulted him on the face and head.
Nkala cried out for help before Mr Philani Dube and Mr Emmanuel Dube arrived at the scene and refrained Dube from causing further damage on Sibanda.
However, Dube went on to pluck out a small branch from a nearby tree which he used to further assault Sibanda but was again refrained by Philani who then secured Sibanda’s hands with a wire awaiting the arrival of the police as Sibanda was a suspect in a case of theft.
Two police officers arrived and untied Sibanda’s hands after which they ferried him to Siganda Police Post before he was referred to Inyathi District Hospital where he died upon admission.
Ms Memory Munsaka appeared for the State.
Online Reporter