daniel chigunwe
Mathew Masinge
A KEZI man has been jailed for 30 years for the cold-blooded murder of a fellow villager whom he found chatting with his wife.
Member Nyathi, an artisanal miner, had returned from work and found his wife not at home before he decided to look for her in the village.
He found her at the home of the late Robert Maphosa.
The two were seated outside the house and were chatting.
When Maphosa’ wife saw her husband, she escaped from the scene while a scuffle ensued between the two men.
Nyathi, who was in the company of his employee Bruce Ngwenya, allegedly struck Maphosa with an axe on the left chin, left ear and on the back of his head.
He accused him of cheating with his wife.
Ngwenya joined in the assault with a log after Nyathi had been slightly overpowered.
Maphosa collapsed and died leading Nyathi and Ngwenya to bury his body in a shallow grave near a maize field.
The two, who pleaded guilty to a lesser crime of culpable homicide, were found guilty of the murder by High Court Judge Justice David Mangota.
Justice Mangota said the duo killed Maphosa with actual intent and acted with a common purpose.
Nyathi and Ngwenya alleged self-defence but failed to substantiate their claims.
They were initially sentenced to 30 years each before five years were suspended on the condition of good behaviour.
“The State proved the guilt of Nyathi and Ngwenya beyond reasonable doubt. The accused persons are, as a result, found guilty of the crime of murder as charged.
“We sentence each person to 30 years imprisonment; five years imprisonment of which are suspended for five years on condition the accused does not, within that period, commit any offence involving assault for which he is sentenced to imprisonment without the option of a fine.”
Online Reporter