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Mashudu Netsianda Senior Court Reporter
A GWANDA man who strangled his terminally ill wife because he was tired of looking after her was yesterday sentenced to an effective 25 years in jail. Bulawayo High Court judge Justice Andrew Mutema convicted Habathusi Ncube, 47, of Mawane village in the Guyu area, of murder with actual intent, but concluded that there were extenuating circumstances.
Ncube denied that he intentionally killed his wife and pleaded guilty to a lesser charge of culpable homicide.
He strangled his wife of 21 years, Sinikiwe Nkala, 35, using a rope made out of strips from a blanket.
Justice Mutema concurred with both defence counsel and the State that intoxication and emotional stress were factors that mitigated the circumstances of the crime.
In his judgment, Justice Mutema disputed Ncube’s testimony and concluded that he deliberately strangled his wife because he was tired of nursing her.
“It’s clear that Ncube had an intention to kill his terminally ill wife and we’ve no difficulty in finding him guilty of murder with actual intent. It’s however, not disputed that on that particular day, he had consumed alcohol prior to committing the crime and that he was also stressed due to his wife’s illness, which undoubtedly troubled him emotionally,” said Justice Mutema.
In passing sentence, Justice Mutema said he felt saddened by Ncube’s decision to prematurely end his wife’s life, adding that it was the duty of the courts to uphold the sanctity of human life.
“The court was indeed saddened by Ncube’s desire to prematurely end his wife’s life in a callous and heartless manner. The courts should therefore not lose sight of the fact that a life was lost and hence the need to uphold the sanctity of human life,” he said.
The judge also expressed concern at the increase in murder cases perpetrated in domestic set-ups.
“It’s most probable that the motive behind the killing of your wife was to offload the burden of looking after her. However, it should be noted that when a man and woman decide to marry it should be for better or worse. Despite the emotional difficulty, this was the time you were supposed to show deep love for your wife, but instead you chose to kill her in a callous manner.
“This must have been a very painful death. The courts are worried about an increase in spouses killing each other and we really don’t know what society has become. While the court does feel for your minor children, it also has to look at the interests of justice and society’s expectations and accordingly you’re sentenced to 25 years in jail,” said Justice Mutema.
Thompson Hove, for the state, said on August 6, 2013, shortly after 8PM, Ncube arrived home from Zendere Farm where he rents a grocery shop after having been summoned home by his in-laws through his uncle Mpendulo Ncube, 73, to attend to his terminally ill wife.
The court heard that on arrival at home, Ncube was told that his in-laws had come to see his wife and left for their homestead after expressing their disappointment at the way Ncube had abandoned his wife.
The statements made by his in-laws allegedly angered him and he took a blanket, made a rope and proceeded to the room where his ill wife was. Ncube strangled her.
In mitigation through his lawyer Thompson Mabhikwa, Ncube, a father of seven, pleaded for leniency, arguing that he was the sole breadwinner and looking after his children, five of whom are minors.
“It’s my humble submission that this court considers that my client was under emotional stress. Ncube was drinking alcohol because of that stress and it’s common cause that he diminished his capacity to control his conduct,” said Mabhikwa.
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