adminMashudu Netsianda Senior Court Reporter
BULAWAYO High Court judge, Justice Martin Makonese, has bemoaned the rate at which spouses are killing each other in domestic disputes. He said this on Thursday while sentencing a Matobo woman to four years in prison for fatally striking her husband with a log.
“Our courts are on a daily basis dealing with domestic related violence cases. Hardly a day passes without the news of spouses killing each other and the message from the courts is that people ought to resolve disputes in an amicable manner. Violence in whatever form has certainly no place in a modern society,” said Justice Makonese.
He convicted Nqobile Ncube, 29, of Nyumbane Village in Gulathi area of a lesser charge of culpable homicide. Ncube will, however, serve an effective three years in jail after a year was suspended for five years on condition that she does not, within that period, commit a similar crime.
Initially, she was facing a murder charge in connection with the death of her husband, Mabutho Ncube, 35, last year. In passing the sentence, Justice Makonese said the courts have an obligation to strike a balance between the offender’s interests and societal expectations.
“The court will not give a sentence that will lead to society subsequently losing faith in the country’s justice delivery system. Although this was not a premeditated attack, there was evidence of an act of prior domestic violence and Nqobile acted in a spur of the moment,” said the judge.
Justice Makonese, however, said the aggravating circumstances were that the woman fled the scene after attacking her husband using excessive force.
“Mabutho had very little chance of surviving given the excessive force used in the attack and this increases Nqobile’s moral blameworthiness. In the circumstances a custodial sentence would be an appropriate punishment,” the judge ruled.
Prosecuting, Whisper Mabaudhi said on December 18 last year the couple had a misunderstanding following Nqobile’s disappearance from their home without notifying her husband.
The court heard that in trying to justify her actions, Nqobile told her husband that she had gone to fetch firewood in the bush, but Mabutho was not satisfied with the explanation resulting in a dispute.
On the following day, shortly after 8PM, the two continued arguing over the issue and it degenerated into a fight. The court heard that Mabutho pulled out a knife and threatened to stab his wife who, however, managed to overpower him. She then struck her husband with a log twice on the head and he fell down. Soon after committing the crime, Nqobile fled her home and took the knife with her.
On December 20, Nqobile phoned her brother-in law, Khawulani Ncube, and informed him about what she had done to her husband. They then went together to Nqobile’s matrimonial home and found Mabutho’s body lying in a pool of blood. They reported the matter to the police leading to Nqobile’s arrest.
According to the post-mortem report, the cause of death is subarachnoid haemorrhage, depressed skull fracture, blunt force trauma and homicide.
In mitigation through her lawyer Robinson Hara, Nqobile pleaded for lenience, saying she was a sole bread winner looking after her three minor children and a disabled mother.
Online Reporter