adminBoy Ndlovu (62), a war veteran, Ben Tshidino Ndou (58) and Ndangano Ndou (53), all from Masera Village, pleaded not guilty to the murder of Nelson Nare Mudau (68), but tendered pleas of guilty to a lesser charge of culpable homicide.
Senior Bulawayo High Court judge Justice Nicholas Ndou sitting with Mrs Agnes Dhlula and Mrs Annette Moyo as assessors, found them not guilty of murder, but guilty of the lesser charge.
Each had half their sentences suspended for five years on condition of good behaviour.
In arriving at the sentences, Justice Ndou said the disturbing factor was the delay in the finalisation of the case.
He said the delay was to benefit the accused persons.
Justice Ndou noted that there was no suggestion on the part of the State led by Messrs Lewis Maunze and Timothy Simbarashe Makoni, both from the Attorney General’s Office, that they are the ones who caused the delay.
Justice Ndou said had it not been for the delay he would have given them sentences in the region of 15 years since the courts do not tolerate violence.
“Zimbabwe is a democratic country where people are free to join political parties of their choice. The attack perpetrated against Mudau and his family shows that you have no respect for human life.
“The political intolerance you displayed could be due to the polarisation of our society,” said the judge.
Agreed facts are that on 16 March 2002 after the results of a presidential elections held that year had been announced, the trio was part of a group of people celebrating the victory of their party, Zanu-PF.
On the same day and on a strong belief that Mudau was a member of MDC, they proceeded to his homestead and accused him and his family of being sellouts and polling agents of the MDC.
Acting in common purpose they assaulted Mudau and his two daughters with fists and sticks resulting in the Mudau family sustaining serious injuries.
The following morning Mudau was taken to Beitbridge Rural District Hospital before being transferred to Gwanda Provincial Hospital where he died on 22 March the same year, as a result of the injuries he had sustained during the assault.
According to the post-mortem report, Mudau died of septic shock as a result of an inflammation of the thin tissue that lines the inner wall of the abdomen and covers most of the abdominal organs.
The pathologist also found that he had fractured ribs of the right side and had a collarbone fracture on the left side.
The trio’s pro deo lawyers were Mr Tanaka Muganyi, of Dube-Banda, Nzarayapenga and Partners, Miss Busisiwe Dube, of Cheda and Partners and Mrs Thembalethu Dube, of T Hara and Partners.
Online Reporter