News / Local
'Ngozi payments illegal'
28 Jan 2016 at 05:45hrs | Views
DEMANDING compensation from suspects in murder cases is illegal and people who do so should be prosecuted, Bulawayo High Court judge, Justice Martin Makonese, said yesterday.
Sentencing a Zvishavane man, Simplicio Huku, convicted of culpable homicide, Justice Makonese said the courts frown upon families that demand compensation in the form of cattle or young girls before burying their loved ones who would have been murdered.
"The courts condemn the practice of demanding compensation for avenging spirits. That practice is widespread in the country and is unlawful as it is tantamount to extortion. Demanding compensation as a precondition for burial of a deceased is archaic and the court condemns such behaviour.
It's a culture that must not be practiced in this modern world," he said.
Justice Makonese said in some cases, the girl child normally falls victim to forced marriages.
Huku had earlier told the court that he was forced to part with 15 head of cattle, $700 for the coffin and also covered all the funeral expenses for the burial of a fellow villager, Everson Mushangwa, after he caused his death.
Justice Makonese said contributions towards funeral expenses, when done voluntarily, help to heal wounds of family members.
He said he found Huku not guilty of murder but guilty of a lesser charge of culpable homicide.
The judge said Huku struck Mushangwa once on the head that resulted in his death in a revenge attack.
"The court takes into account that Huku paid some form of compensation to Mushangwa's family. The two years three months pre-trial incarceration period has also been taken into account. The accused is therefore sentenced to eight years in prison of which three years are suspended on condition of good behaviour," said Justice Makonese.
Prosecutor, Tafadzwa Mupariwa, told the court that on October 19, 2013, Mushangwa and Huku fought.
He said the following day at about 11 AM, Mushangwa was walking along a foot path which passes through Huku's homestead.
He said Mushangwa picked up a stone and threw it at Huku and it missed him.
In retaliation, Huku picked up a stone and threw it at the deceased. The stone hit him on the head and he fell down and his attacker fled from the scene.
He was taken to Mapanzure clinic where he was treated and referred to Zvishavane Hospital where he died on admission.
A report was made to the police leading to Huku's arrest.
Sentencing a Zvishavane man, Simplicio Huku, convicted of culpable homicide, Justice Makonese said the courts frown upon families that demand compensation in the form of cattle or young girls before burying their loved ones who would have been murdered.
"The courts condemn the practice of demanding compensation for avenging spirits. That practice is widespread in the country and is unlawful as it is tantamount to extortion. Demanding compensation as a precondition for burial of a deceased is archaic and the court condemns such behaviour.
It's a culture that must not be practiced in this modern world," he said.
Justice Makonese said in some cases, the girl child normally falls victim to forced marriages.
Huku had earlier told the court that he was forced to part with 15 head of cattle, $700 for the coffin and also covered all the funeral expenses for the burial of a fellow villager, Everson Mushangwa, after he caused his death.
Justice Makonese said contributions towards funeral expenses, when done voluntarily, help to heal wounds of family members.
He said he found Huku not guilty of murder but guilty of a lesser charge of culpable homicide.
The judge said Huku struck Mushangwa once on the head that resulted in his death in a revenge attack.
"The court takes into account that Huku paid some form of compensation to Mushangwa's family. The two years three months pre-trial incarceration period has also been taken into account. The accused is therefore sentenced to eight years in prison of which three years are suspended on condition of good behaviour," said Justice Makonese.
Prosecutor, Tafadzwa Mupariwa, told the court that on October 19, 2013, Mushangwa and Huku fought.
He said the following day at about 11 AM, Mushangwa was walking along a foot path which passes through Huku's homestead.
He said Mushangwa picked up a stone and threw it at Huku and it missed him.
In retaliation, Huku picked up a stone and threw it at the deceased. The stone hit him on the head and he fell down and his attacker fled from the scene.
He was taken to Mapanzure clinic where he was treated and referred to Zvishavane Hospital where he died on admission.
A report was made to the police leading to Huku's arrest.
Source - chronicle
