Man kills father, jailed 35 years

Fidelis Munyoro

Chief Court Reporter

A MAN from Murehwa has been sentenced to 35 years in jail for killing his father and aunt after accusing them of bewitching him and casting misfortunes and illness in his life.

Denford Nyamande (36) of Marumisa Village in Murehwa is lucky after a witchcraft provocation defence saved him from the gallows.

Many cultures across Africa believe in the powers of witches, witch hunters and other traditional healers.

Unlike in other cultures where practicing witchcraft can be equated to an alternative religion, in many African societies including Zimbabwe, witches are considered irredeemably wicked.

As a result, the criminal law has often recognised the African person’s belief in witchcraft which often leads to violence.

In this case, Nyamande was convicted of two counts of murder with actual intent.

In his defence, he claimed witchcraft provocation, which Justice Lucy-Anne Mungwari considered as a significant mitigating factor in accordance with provisions of the criminal law code.

The law allows the court to take such belief into account when sentencing an accused, if the evidence proved that the accused was actuate by a candid belief that the victim was a witch or wizard.

“The evidence placed before us during trial convinced us of this fact,” said Justice Mungwari while passing a 35-year long sentence on Nyamande.

However, in aggravation, the judge considered that these were callous murders of two defenceless octogenarians.

Justice Mungwari said these were not just any octogenarians, but his blood relatives — his 87-year-old father and his father’s 89-year-old sister.

“The frail deceased was prevailed upon while he was alone in his hut. He was hacked to death by the accused who then left him to die in cold blood.”

After killing his father, Nyamande closed the door and travelled a considerable distance to go and deal with his aunt.

He found her alone in her bedroom hut and mercilessly bludgeoned her to death.

Nyamande allegedly killed his father Felix Taona Chiodza (87) in Marumisa Village and his aunt Ms Angela Bhunu (89) in Chidziva Village whom he accused of witchcraft on March 22, last year.

An axe with blood stains was found near Mr Chiodza’s body, while a hoe supposed to be a murder weapon, was also found near Ms Bhunu’s corpse.