Killer jailed 3 years for battering grandpa to death

A MAN from Kezi who struck his grandfather to death with a knobkerrie for ordering him to share a bed with a visitor was yesterday sentenced to an effective three years in jail.

Mlungisi Dube (32) of Mahetshe village struck his 74-year-old grandfather, Niko Dube, with a knobkerrie resulting in his death during a fight.

Bulawayo High Court judge Justice Nicholas Mathonsi convicted Mlungisi of a lesser charge of culpable homicide.

Mlungisi was sentenced to six years in prison of which three years were suspended for five years on condition that he does not within that period commit a similar offence.

In passing the sentence, Justice Mathonsi took into account the fact that the deceased was the aggressor.

“Regarding the circumstances of the offence we recognise that the accused person was intoxicated. The deceased was in fact the aggressor having tried to assault the accused person before the tables were turned against him. The deceased must therefore shoulder part of the blame,” he said

Justice Mathonsi condemned Mlungisi’s conduct, saying he targeted a helpless old man who was in the twilight of his life.

“Accused was expected by our culture to show his grandfather some respect and we find his conduct completely unacceptable. He displayed gross negligence by directing the blows with a knobkerrie to a vulnerable part of the body — the head,” he said.

Justice Mathonsi said the courts have a duty to uphold the sanctity of human life through passing deterrent sentences.

“We are therefore duty bound, as the court of law, to impose a sentence that underscores the importance of human life and deter others from resorting to violence as a means of settling differences,” ruled the judge.

Prosecuting, Ms Nokuthaba Ngwenya said on January 28 last year at around 8PM, Mlungisi arrived home from a beer drink.

The court heard that Mlungisi found his grandfather whom he shared a bedroom hut with at home.

“The accused person and the deceased got into a verbal fight over sleeping arrangement suggested by Niko who wanted to accommodate his visitor, Zakhewu Dladla,” said Ms Ngwenya.

The now-deceased suggested that the accused should share a bed with his visitor.

The court heard that Mlungisi refused to share his bed with Dladla resulting in an argument between the accused person and the deceased.

“The two exchanged harsh words and the dispute degenerated into a fight,” said Ms Ngwenya.

During the scuffle, Niko grabbed his knobkerrie intending to assault the accused person. Dladla left the hut and slept in the bush. Mlungisi managed to overpower his grandfather and wrested the knobkerrie away from him.

“Accused person indiscriminately attacked the deceased several times on the body with the knobkerrie and he sustained head injuries,” said the prosecutor.

After committing the offence, Mlungisi fled from the scene and went to a neighbour’s homestead where he reported the matter before he went to sleep at a friend’s place.

On the following day, Niko went to Maphisa Police Station where he reported the matter leading to Mlungisi’s arrest.

Niko was taken to hospital where he was treated and discharged. His condition deteriorated and he died a week later as a result of the injuries.

According to the postmortem results, the cause of death was homicide, head injury, blunt force trauma and intracranial haemorrhage.

Ms Lerato Mguni of Job Sibanda and Associates represented Mlungisi. — @mashnets