Chronicle Editor
Mashudu Netsianda, Senior Court Reporter
A MAN from Plumtree who fatally attacked his 51-year-old neighbour in a fight over a woman, has been sentenced to an effective 12 years in jail.
Methuseli Moyo (36) of Mabungwe village in Bulilima district struck Chrispen Ncube with a log several times all over the body until he lost consciousness.
He dragged Ncube’s body to his homestead where he dumped it before he fled.
Moyo was on Friday convicted of murder with constructive intent by Bulawayo High Court judge, Justice Maxwell Takuva.
In passing sentence, Justice Takuva said although the deceased was an aggressor, Moyo’s actions were unwarranted.
“Although provocation amounts to a mitigatory factor, we note that in aggravation, the accused used excessive force to inflict injuries which led to the deceased’s death. The assault was prolonged and severe and the accused did not render any assistance to the deceased. Accordingly, the accused person deserves a custodial sentence for his actions,” said the judge.
Justice Takuva expressed concern over the prevalence of violent crimes of passion, saying the courts have a duty to protect the sanctity of human life through passing deterrent sentences.
“It is time that the public should be warned that when in love one should expect to be disappointed at some point. In our view, having passion for somebody should not be an excuse for murder and in this case, a life was lost unnecessarily,” he said.
“We however, note that the deceased was the aggressor who brought the weapon and that works in the accused person’s favour and for that the court will discount the sentence. Accordingly, the accused person is sentenced to 12 years imprisonment.”
Prosecuting, Mr Khumbulani Ndlovu said on April 18 in 2017 at about 6PM, Ncube armed himself with a stick and went to his girlfriend, Ms Siphilisiwe Sibanda’s homestead to confront her over a relationship she had with Moyo, but he failed to locate her.
Ncube met Moyo walking with his girlfriend as he was going back to his homestead resulting in an altercation.—@mashnets
Online Reporter