Londile Moyo
Fairness Moyana [email protected]
A MAN from Nkayi District has been sentenced to two years in prison for culpable homicide following the death of a relative during a violent altercation at a village business centre, while his two co-accused were acquitted.
Justice Evangelista Kabasa handed down the ruling during the first term of the High Court circuit sitting at the Hwange Magistrates’ Courts, where three men had been facing a murder charge arising from the death of Mthokozisi Nyoni.
The court found Chelesani Mpofu guilty of culpable homicide and sentenced him to two years’ imprisonment, while Witness Nkiwane and Siyabonga Ncube were found not guilty and acquitted.
The trio had initially been charged with murder as defined in Section 47 of the Criminal Law (Codification and Reform) Act.
According to evidence presented in court, the incident occurred on March 9, 2025, at Canani Business Centre in Mabhada Village under Chief Sikhobokhobo in Nkayi District, Matabeleland North.
On the day of the incident, the accused persons and the deceased had been attending a birthday party at a local shop owned by Buhle Sibanda. The gathering ended around 5 PM, but several people, including the accused and the deceased, remained at the business centre drinking beer.
The State was represented by Charlene Gorerino, who indicated that later in the evening, the deceased allegedly insulted Mpofu using vulgar language and was armed with a catapult and a knife.
Witnesses told the court that the deceased also fired a stone using the catapult, striking one of the accused persons. The situation escalated around 10 PM when the accused persons confronted the deceased near the road about 100 metres from the shops.
State witnesses said the deceased was assaulted using logs and knobkerries, and he also sustained a stab wound on the wrist during the altercation.
The injured man managed to run back towards the shops before collapsing near the veranda of the shop. Witnesses later observed that he was bleeding heavily from the wrist and head. Evidence led in court showed that after the assault, the accused persons removed the deceased’s shoes and socks and attempted to bandage the wrist wound using the socks. They also poured water on him and gave him water to drink in an effort to assist him.
However, when the bleeding continued and the deceased became unresponsive, the accused persons fled the scene. The victim was later discovered lying outside the shop the following morning.
A report of murder was made to the Zimbabwe Republic Police, prompting officers from Nkayi to attend the scene. Police recovered a bloodstained knobkerrie, clothing believed to belong to one of the accused persons, and other exhibits linked to the case.
A post-mortem examination later revealed that Nyoni died from brain contusion and head trauma.
During the trial, the accused persons denied committing murder, arguing that the deceased had been drunk, aggressive and armed, and had attacked them first.
After considering the evidence, the court ruled that Mpofu was responsible for the fatal assault but that the circumstances did not prove intent to kill. He was therefore convicted of culpable homicide, a lesser offence than murder.
Nkiwane and Ncube were acquitted after the court found insufficient evidence linking them directly to the fatal injuries.
The accused persons were represented by lawyers from different legal firms, including Legal Aid Directorate, Mhaka Attorneys, and Dube, Nkala and Associates.
Witness Nkiwane was represented by Tendai Gaunje of Legal Aid, Mpofu by Charity Manyeza of Mhaka Attorneys, while Ncube was represented by Tiffany Sibanda of Dube, Nkala and Associates. The case, which is part of the 32 murder trials, was heard during the High Court circuit sitting in Hwange, which handles serious criminal matters from districts across Matabeleland North.
Online Reporter