The Chron­i­cle

Chronicle (Zimbabwe) - - National News -

BU­L­AWAYO, Satur­day, Oc­to­ber 5, 1991 Man­zam­nyama Khu­malo from Nkayi com­mu­nal lands was yes­ter­day jailed for an ef­fec­tive eight years by a High Court judge in Bu­l­awayo af­ter he was found guilty of fa­tally stab­bing a fel­low vil­lager dur­ing a fight over a jer­sey last May.

Khu­malo (30) pleaded not guilty to mur­der but ten­dered a plea of guilty to cul­pa­ble homi­cide, say­ing that he did not in­tend to kill Fun­ny­boy Tshuma. He was, how­ever, con­victed of mur­der with con­struc­tive in­tent by Mr Jus­tice Blackie, who ruled that tak­ing into ac­count the weapon used, the force used to de­liver the blow and the part of the body which was stabbed, Khu­malo must have ap­pre­ci­ated that his ac­tion could cause death. The judge said time and again the courts had warned peo­ple against us­ing knives to as­sault oth­ers and added that be­cause of the preva­lence of such cases the courts had no choice but to pass de­ter­rent sen­tences against the cul­prit.

Ear­lier on the de­fence coun­sel, Mr Prom­ise Ncube had sub­mit­ted that his client’s pow­ers of judg­ment had been over clouded by the provo­ca­tion his client had been sub­jected to by Cde Tshuma and there­fore he did not have any sub­jec­tive fore­sight of the con­se­quences of his ac­tion. The court heard that on May 18, this year, Khu­malo left Bu­l­awayo for Nkayi to visit his fi­ancée. When he alighted from the bus stop at Manomano, he for­got his jer­sey in the bus.

Since Nde­bele cus­tom dic­tates that a prospec­tive son-in-law vis­it­ing his fu­ture in-laws must ei­ther put on a jacket or a jer­sey, Khu­malo bor­rowed a jer­sey from Bon­gani Mkoko. As the two were walk­ing past Tshuma’s home­stead, they were ap­proached by Cde Tshuma, Cde Mkoko’s rel­a­tive who de­manded to know where his jer­sey was.

When he was told that Khu­malo was wear­ing the jer­sey, Cde Th­suma in­sulted the for­mer and punched him on the neck.

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