Online Reporter
Fidelis Munyoro
Chief Court Reporter
A farm scout guard has been sentenced to 15 years in prison for the murder of an illegal gold miner.
Talkmore Matanga had pleaded not guilty when his trial began before Bulawayo High Court judge, Justice Ngoni Nduna, claiming to have acted in self-defence when he fatally shot the miner during a patrol.
“The accused waylaid the illegal miner and, without warning, shot and killed him,” said Justice Nduna in the ruling.
The court dismissed the defence of self-defence, stating that there was no imminent or unlawful attack on Mutanga to justify his actions.
The fatal incident occurred while Mutanga, who was armed and on patrol with a colleague, encountered three individuals illegally panning for gold on the farm.
According to the State, Mutanga fired a single shot that killed the now deceased as he attempted to flee.
Mutanga claimed he had fired warning shots during the encounter and alleged he had a confrontation with the deceased, a claim the court rejected due to inconsistencies in his evidence.
The court found that Mutanga fabricated parts of his defence, including the presence of a knife allegedly carried by the now deceased.
“The presence of a knife is clearly a lie. It cannot be accepted as having been carried by the deceased,” said Justice Nduna, adding that Mutanga’s conduct was illegal and not consistent with self-defence.
In sentencing, the court considered several mitigating factors, including Mutanga’s inexperience as a scout guard and his role as the sole provider for his child.
However, Justice Nduna emphasised that the accused’s actions were aggravated by his failure to apprehend the illegal miner and his attempts to defeat the course of justice.
The court concluded that the murder was mitigated by the now deceased’s involvement in unlawful conduct, as outlined in the sentencing guidelines.
Justice Nduna ruled that a 15-year sentence was appropriate under the circumstances.
Mutanga was represented by Coghlan and Welsh, while the National Prosecuting Authority appeared for the State.
