Danisa Masuku, Court Reporter
THREE men have appeared at the Bulawayo High Court facing murder charges over the alleged mob killing of a 43-year-old man who was beaten to death after being accused of stealing donkeys in Guyu, Matabeleland South Province.
Mujaji Sebata (46), Mthandazo Mahlangu (50) and Phathisani Manyika appeared before Bulawayo High Court judge Justice Donald Ndirowei facing charges of murder as defined in Section 47(1)(a) of the Criminal Law (Codification and Reform) Act (Chapter 9:23).
The court heard that the deceased, Busani Ndlovu, was sleeping with his wife at Vusa Mthophini’s homestead in Mashaba Village, under Chief Mathe, when a group of about 38 people allegedly stormed the homestead in the early hours of April 2, 2022.
Prosecuting, Ms Mufaro Ndirayire told the court that the group accused Ndlovu and a State witness, Godwill Ndlovu, of stealing donkeys before taking them to a kraal in an attempt to recover the animals.
“On 2 April 2022 around 0200 hours, State witness Godwill Ndlovu and Busani Ndlovu were asleep at the homestead when they were awakened by the sound of breaking windows and saw torches outside,” said Ms Ndirayire.
The court heard that the group, which allegedly included the three accused, rounded up Godwill Ndlovu, the deceased and members of his family before forcing them to march to the kraal.
“When the invaders failed to find the stolen donkeys, they captured State witness Godwill Ndlovu, the deceased, and his stepdaughter. They proceeded to assault and interrogate State witness
Godwill Ndlovu and the deceased about the donkeys. The assaults continued until the deceased lost consciousness,” said Ms Ndirayire.
Testifying in court, Godwill Ndlovu said he had attended a function at Mkhaliphe Primary School with the deceased on April 1, 2022, before proceeding to Mthophini’s homestead.
“On 1 April 2022, I attended a function at Mkhaliphe Primary School with Busani Ndlovu before going to Vusa Mthophini’s homestead. Having consumed a significant amount of alcohol, I decided to sleep on the veranda while Busani slept inside with his wife and family,” he said.
He said he was awakened by noise in the early hours of the following morning and saw about 38 people carrying lit torches in the yard.
“I attempted to flee but I was struck with a stone and captured by the group, which included both Zimbabweans and Botswana nationals,” he said.
“They handcuffed me and interrogated me about stolen donkeys.”
Ndlovu said a villager struck him on the head with an iron bar while others, including Mahlangu, assaulted him with various weapons.
The accused pleaded not guilty, denying participating in the assault. They told the court that Ndlovu had been assaulted by a large group of people and argued that they were being used as scapegoats.
The trial continues on Friday.
