Danisa Masuku Court Reporter
A 34-YEAR-OLD Bulawayo man has been jailed for five years for attempting to kill his elder brother after repeatedly striking him on the head with a metal rod during a dispute over their family home.
Arnold Makhosini Ndlovu of Nketa suburb was convicted of attempted murder by Bulawayo regional magistrate Ms Sibongile Marondedze.
In passing sentence, Ms Marondedze described the offence as serious, noting that Ndlovu had deliberately used a dangerous weapon against his brother and repeatedly targeted a vulnerable part of his body.
She said the three blows to the complainant’s head demonstrated the gravity of the attack and the accused’s intention to kill.
The magistrate said although the court had considered Ndlovu’s status as a first offender, his drug addiction and expression of remorse, imposing a fine or wholly non-custodial sentence would trivialise the offence.
The court heard that the attack followed a disagreement over the ownership of the family home on September 26.
Prosecuting, Ms Karen Gundani told the court that at around 2 PM on the day in question, Ndlovu ordered his elder brother to vacate the family home, triggering an argument.
The disagreement escalated into a physical confrontation during which Ndlovu struck his brother three times on the head and several more times on the body with a metal rod.
The matter was subsequently reported to the police, leading to Ndlovu’s arrest, while the complainant was taken to hospital for medical examination.
In mitigation, Ndlovu told the court that he was a drug addict and that his addiction had contributed to his behaviour.
“I’m a first offender and ask the court to consider a non-custodial sentence. I regret attacking my brother,” he said.
However, Ms Gundani urged the court to impose a stiff custodial sentence, arguing that Ndlovu had used a dangerous weapon and deliberately targeted a vulnerable part of the complainant’s body.
“The accused used a dangerous weapon, a metal rod, and aimed at a vulnerable part of the body, the head, striking the complainant three times. The complainant could easily have died from the injuries,” she said.
Ms Gundani argued that drug addiction could not justify an attempt on another person’s life and urged the court to send a strong message against violence arising from family and property disputes.
