Online Reporter
Fairness Moyana in Hwange
TWO men from Gwelutshena area in Nkayi District have been sentenced to five years in prison each after they were convicted of fatally assaulting a robbery suspect, following a night-long manhunt sparked by a violent mugging incident.
Hwange regional magistrate, Mr Lungile Ncube, found Nkosilathi Sibanda (45) and Hlonipani Mgayo (43) guilty of culpable homicide after a full trial, ruling that the pair had acted unlawfully when they took the law into their own hands.
Appearing for the State, Ms Chido Tshuma, told the court that the now-deceased, Mzingaye Ndlovu (23) of Maboko Village, died from traumatic shock secondary to assault, after he was repeatedly beaten with switches by the accused persons.
The fatal incident followed a robbery on the evening of May 27, 2024 when Ndlovu and an unknown accomplice attacked a couple, Perfect Moyo and Gracious Lupahla, shortly after they had disembarked from a bus at Madlozi Village.
During the attack, Lupahla sustained a head injury, and the couple was robbed of US$480.
Moyo, with the help of his uncle Sibanda, Mgayo, and two other relatives, Artwell and Ndodana Mgayo, tracked the suspects’ footprints to Mdengelele area, eventually locating Ndlovu at his aunt’s homestead.
Upon confrontation, Ndlovu admitted to the robbery and US$280 was recovered from him.
According to court proceedings, at around 3AM on May 28, the group took Ndlovu to Moyo’s homestead. There, Sibanda and Mgayo assaulted him using bundles of switches weighing 770 grams and measuring 97cm in length.
Despite being warned by one of the group members to stop the beating, the two men continued until Ndlovu began complaining of feeling cold. Later, he was placed by the fire to warm up, but by 7AM, he was found dead.
A post-mortem examination conducted by Dr Maibely Gavilan Acosta confirmed that the cause of death was traumatic shock due to assault. The scene was attended by police and the switches used in the assault were recovered as evidence.
During the trial, both Sibanda and Mgayo made indications at the crime scene and recorded warned and cautioned statements, which were confirmed as having been made voluntarily.
In sentencing, the magistrate acknowledged that although the accused had been provoked by a criminal act, their response was excessive and unlawful.
The court emphasised that justice must be left to law enforcement authorities and warned against vigilante actions.
The duo will serve effective five-year jail terms for the death of Ndlovu.
