Love rival killer jailed

A Bulawayo man who fatally struck his estranged wife's boyfriend, splitting his skull open with a shifting spanner after finding him with his ex-lover, was on Friday sentenced to 18 years in jail.

Bulawayo High Court judge, Justice Nokuthula Moyo, convicted Arthur Sibanda, 36, of murder with actual intent but concluded that there were extenuating circumstances.

Sibanda killed Elvis Dube, 35, after he found him with his ex-wife, Felistus Ngwenya, 33. Sibanda and Ngwenya had been married for 15 years until July 2013 when they separated.

Sibanda escaped capital punishment after Justice Moyo took into account that "crime of passion" was a mitigating factor.

In her judgment Justice Moyo queried Sibanda's testimony saying it lacked credibility.

"Contrary to the defence counsel's assertion that state witnesses were biased and told a concocted story to nail Sibanda, the court is of the view that they were fair, reliable, credible and honest. It's actually Sibanda whose statements were full of inconsistencies and lies," said Justice Moyo.

She said it was clear that Ngwenya and Sibanda had irreconcilable differences which led to the latter leaving her matrimonial home and relocating to Entumbane together with their children.

"In her testimony Ngwenya said she was tired of verbal abuse such that she wouldn't answer Sibanda's calls until he decided to use an unknown number, a clear testimony that he wasn't welcomed by Ngwenya," said Justice Moyo.

The judge said it was clear that Sibanda's anger was exacerbated by Ngwenya's betrayal. Justice Moyo disputed Sibanda's argument when he said he was angered by Dube's presence at his ex-lover's place since he was the one responsible for the payment of rentals and the daily upkeep of his children.

She said Sibanda's actions were not justified.

"Sibanda can't lay claim that Ngwenya was still his wife on the basis that he looked after their children because in fact it was his legal duty to do so. Accordingly his evidence is rejected," said Justice Moyo.

In sentencing Sibanda, Justice Moyo said it was the duty of the courts to uphold the sanctity of human life by passing deterrent sentences on offenders.

"It's our view that while Sibanda was angered by his wife's actions, the courts frown upon the unnecessary loss of human life in such circumstances.

"The courts want to register displeasure at such conduct and Sibanda is accordingly sentenced to an effective 18 years in jail," said Justice Moyo.

Prosecuting, Thompson Hove said on April 3 this year shortly after 7PM in Entumbane suburb, Sibanda had an altercation with Dube over Ngwenya.

The altercation degenerated into a fight and Dube fled upon realising he was being overpowered.

Sibanda pursued Dube while carrying a shifting spanner.

He then caught up with Dube and proceeded to assault him with the spanner all over the body including the head.

The court heard that Dube sustained injuries which resulted in his death at Mpilo Central Hospital on the same day.

Postmortem results revealed that Dube died as a result of brain haemorrhage, skull fractures and head injuries.

In mitigation through his lawyer, Lozithelo Mpofu of R Ndlovu and Company, Sibanda pleaded for leniency telling the court that he was a father of four taking care of his minor children. Mpofu said his client showed remorse after committing the crime.

"Sibanda deserves leniency. He has shown remorse which was manifested by the fact that he footed the funeral expenses and again he asked his family members to engage Dube's family and apologise on his behalf," he said.

"Ngwenya in her testimony sought to give the impression that Sibanda forced his way into her house when in fact it's her who opened the gate for him and later on introduced him to her boyfriend," said Mpofu.