Miner gets 18 years jail term for axing workmate

Every court in Zimbabwe has got its rules of procedure

Mashudu Netsianda, Senior Court Reporter

A MAN from Nkayi who axed his workmate to death following a misunderstanding during gambling, was yesterday sentenced to an effective 18 years in jail.

Khulekani Ncube (34) of Sebhumani village under Chief Sikhobokhobo area and employed at Eagle Seven Mine in Fort Rixon fatally struck Mkhokheli Ncube (22) with an axe resulting in the weapon getting stuck on the forehead.

Khulekani was convicted of murder with actual intent by Bulawayo High Court judge Justice Nokuthula Moyo.

In passing the sentence, Justice Moyo said the murder was committed in aggravating circumstances and condemned the accused person’s conduct.

“The accused person committed a serious offence. We do not condone people who butcher each other over petty issues, particularly during beer binges and the courts frown upon violence and loss of life,” she said.

Justice Moyo said the courts have a duty to protect the sanctity of human life through passing deterrent sentences.

“The courts should send a clear and loud message out there through passing appropriate sentences. Drunkenness should not be used as an excuse to commit violent crimes. Accordingly, the accused person is sentenced to 18 years imprisonment,” ruled the judge.

The prosecutor, Mr Paul Gundani, said on March 28 this year at around 6AM, the deceased and accused person were drinking beer and gambling at Jani Bottle Store at Fort Rixon when a misunderstanding ensued.

“During gambling, Khulekani and Mkhokheli had a dispute and the accused threatened to strike the deceased with an axe which was in his possession,” said Mr Gundani.

The court heard that during the dispute, the deceased’s brother, Nkosilamandla Ncube intervened and wrestled the axe away from the accused person.

“An hour later, Nkosilamandla and the deceased left the bottle store and the accused person followed them and demanded his axe back. Nkosilamandla gave back the accused person his axe after he convinced him that the dispute was over,” said Mr Gundani.

Shortly after he was given his axe, the accused person ran amok and tried to strike Nkosilamandla but he managed to escape. Khulekani turned the heat on the deceased.

“The accused person struck the deceased and the axe got stuck on the forehead and he fell down, lost consciousness,” said the prosecutor.

Khulekani made two attempts to pull the axe out of the deceased’s forehead but failed until he stepped on his chest to get a good grip and removed it.

The deceased was taken to Gweru Provincial Hospital before he was transferred to Mpilo Central Hospital where he died the following day.

According to the postmortem report the cause of death was severe brain damage, skull fracture and axing.

A report was made to the police leading to Khulekani’s arrest.

In his defence through his lawyers, Mr Bruce Masamvu and Ms Sifiso Sithole of Mutatu, Masamvu and DaSilva Gustavo Law Chambers, Khulekani said he was provoked after Nkosilamandla, who had lost a bet, grabbed all the money before threatening to stab him with a knife.

“I was under attack during the scuffle with the deceased and his brother Nkosilamandla. I retaliated by grabbing an axe which was in Nkosilamandla’s possession intending to scare them away, but I accidentally struck the deceased on the forehead,” he said. — @mashnets.