Chronicle (Zimbabwe)

Community service for rival murderer

- Mashudu Netsianda

A MARRIED man from Plumtree who fatally stabbed his rival with a knife during a fight over a girlfriend has been ordered to perform community service.

Sokana Nkomo (57), a father of four residing at Butshe village in Madlambuzi area, fatally stabbed Gamula Ndlovu (33) for allegedly snatching his girlfriend. The incident occurred 18 years ago at Butshe village.

Bulawayo High Court judge Justice Nokuthula Moyo convicted Nkomo of a lesser charge of culpable homicide charge in connection with the death of Ndlovu. Nkomo was sentenced to a wholly suspended 18-month imprisonme­nt on condition that he performs 320 hours of community service at Makhulela Clinic.

In passing the sentence, Justice Moyo said although the deceased was the aggressor, Nkomo exceeded the bounds of self defence by introducin­g a knife during the fight.

“A life was lost in the most unfortunat­e circumstan­ces. However, the deceased acted in an unbecoming manner by pushing the man on the edge. What can a man do when pushed violently? Although the courts don’t condone violence, the accused who was under attack, was bound to react as a human being,” said the judge.

She condemned Nkomo’s conduct, saying even provoked people should not take the law into their own hands.

“The courts have to instill confidence in society because if people lose faith in the justice system, they may end up taking the law into their own hands. Sending accused person to jail 18 years down the line for an offence in which the deceased was the aggressor would not be in the interest of justice,” ruled Justice Moyo.

Prosecutin­g, Mr Whisper Mabaudhi said on November 26 in 2000, Ndlovu was at Ms Sithandazi­le Tshuma’s homestead with his nephew Mr Remember Sola when Nkomo joined them.

Both Ndlovu and Nkomo had a love relationsh­ip with Ms Tshuma.

“When the accused arrived at Ms Tshuma’s place, the deceased greeted him, but Nkomo remained silent before he left the homestead,” said Mr Mabaudhi.

The court heard that Ndlovu followed Nkomo so that they could engage each other over the issue. When Ndlovu caught up with Nkomo an altercatio­n ensued between the two rivals.

They allegedly exchanged harsh words with the accused person accusing the deceased of snatching his girlfriend.

During the dispute, Nkomo pulled out a knife and stabbed Ndlovu once on the chest and left side of the ribs and he collapsed. A report was made to the police leading to the arrest of Nkomo.

Mr Russell Dzete of Maseko Law Chambers represente­d Nkomo. — @mashnets.

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