Man stoned to death over pregnant woman

A MAN from Fort Rixon who allegedly teamed up with a friend and stoned his neighbour to death following a fight over a pregnant woman was yesterday sentenced to 12 years in jail.

Tshayizo Mpofu (27) of Bunja area in Insiza district was convicted of murder with constructive intent by Bulawayo High Court judge Justice Nicholas Mathonsi in connection with the death of Mlamuleli Mkhwananzi (33) in 2008.

Tshayizo's alleged accomplice, Kelvin Gwizi (28) of the same area was however, found not guilty and acquitted. Tshayizo stoned Mkhwananzi to death before dumping the body in a maize field.

In his ruling, Justice Mathonsi said although the court relied on circumstantial evidence, there was enough proof directly linking Tshayizo to the murder. The judge exonerated Gwizi from the murder, saying he only followed Tshayizo since they were drinking beer together.

"Gwizi only followed Tshayizo since they were drinking beer together. The court therefore entertains doubt over his involvement in committing the crime and accordingly he is found not guilty of murder and acquitted," ruled Justice Mathonsi.

In passing the sentence, Justice Mathonsi said although Tshayizo was a youthful offender at the time of committing the offence, there was a need to impose a sentence which underpins society's revulsion at his conduct.

"The accused preyed on a man who was 15 years his senior thereby showing that our social fabric has been eroded. Young people have lost respect for their elders to the extent of not only competing with them for women, but to go to the extent of chasing them like wild animals and crushing their heads, we must really be worried," said the judge.

Justice Mathonsi condemned Tshayizo's conduct, saying the courts have a duty to uphold the sanctity of human life through passing deterrent sentences.

"A precious life was needlessly lost and it is the duty of the courts to uphold the sanctity of human life. In the result, the accused person is sentenced to 12 years imprisonment," said the judge.

Prosecuting, Mr Thompson Hove said on April 17 in 2008, Mkhwananzi was hired to play his radio at a party in Zvamandere B, Fort Rixon.

Tshayizo and Gwizi, who were part of the crowd that attended the event, were sitting outside the kitchen hut where Mkhwananzi was playing the music from. The court heard that a disagreement arose between Mkhwananzi and Thulani Mpofu, a cousin to Tshayizo. "A fist fight broke out between the two men and when Tshayizo heard the noise, he immediately joined in the fight on the side of his cousin," said Mr Hove.

On realising that he was being overpowered, Mkhwananzi escaped from his aggressors with Tshayizo hot in pursuit. The court heard that Mkhwananzi fled and hid at a nearby maize field.

Tshayizo and Gwizi followed Mkhwananzi and assaulted him before stoning him to death.

On realising that Mkhwananzi was dead, they fled from the scene and left the body lying in the field. The decomposed body was discovered by villagers two days later. A report was made to the police leading to the arrest of the two men.

According to post-mortem results, the cause of death was multiple skull fracture, assault and subarachnoid haemorrhage. Mkhwananzi's wife, Ms Florence Nyoni, in her testimony, said Tshayizo had a long standing feud with her husband over a woman he had impregnated.

Mr King Dube of Shenje and Company represented Tshayizo and Gwizi.