Two rapist murderers sentenced to death

THE two men who waylaid a United Collegee of Education female student, assaulted and raped her until she lost consciousness before fatally stoning her male companion, were yesterday sentenced to death.

Former Bulawayo High Court judge Justice Nicholas Ndou sent Njabulo Ndlovu of Cowdray Park and Shadreck Noel Sibanda of Nguboyenja to the gallows after finding them guilty of murder with actual intent.

With assessor Phanuel Damba concurring, Justic Ndou found no extenuating circumstances in the case, although the defence team of Innocent Mafirakureva and Walter Nyabadza, pro deo, had raised the issue of intoxication in mitigation.

They submitted that Sibanda and Ndlovu had been drinking for seven hours before they killed Themba Mafunga at about 5pm.

Sibanda and Ndlovu are already serving 20 years each for raping the student following their conviction in 2011.

In his judgment, Justice Ndou said the murder was pre-planned, adding that it was trite in law that where a robbery results in death, the inference is that the act would have been pre-meditated.

"The only issue raised in extenuation is possible intoxication but it is important to note that the accused were not drinking throughout as they took a break to have lunch and visit other places," said Justice Ndou.

"This is a clear case of pre-planning and there are no extenuating circumstances."
Justice Ndou said the key witness - the student - positively identified Sibanda who then implicated Ndlovu.

The student told the court that she was subjected to two hours of horror by the two, five minutes of which were when Sibanda raped her.
The court appreciated that the student failed to identify Ndlovu but concluded that he (Ndlovu) placed himself at the scene of crime by admitting that he spent the day with Sibanda drinking beer.

The two were further implicated by Sibanda's live-in girlfriend Tsarina Ndlovu whose testimony corroborated with that of the rape victim.

Justice Ndou said it was not surprising that Mafunga, who was employed as a security guard at the student's house, died on the spot because the two used a 3.5kg stone to assault him on the head.

As if contemplating his actions, Ndlovu kept his head down on his knees in the dock soon after conviction.
Prison officers tried on numerous occasions to force Ndlovu to rise for his mitigation and pronouncement of sentence but he remained seated.

He pleaded for leniency in a low voice while sitting on the bench and the judge pronounced the sentence to him while he was seated.
By law, an accused person has to rise to his or her feet when addressing court or being addressed by the presiding officer.

Ndlovu, however, rose and walked unaided, out of the dock when the court adjourned.
Whisper Mabhaudhi, from the Attorney General's Office, told how on March 9, 2011, at about 5pm, at a bush behind the UCE campus, the student, 29, and Mafunga were walking along a gravel road behind the college campus to Highmount.

Sibanda and Ndlovu emerged from the bush and drew knives which they used to threaten the two before assaulting them with fists and booted feet.

They force-marched them into the bush where they assaulted Mafunga with a stone and he fell down.
He died on the spot as a result of the assault.

After raping the woman, the court heard, Sibanda and Ndlovu fled from the scene leaving her unconscious.
She had, however, positively identified Sibanda and sought help from passersby who assisted her to make a report to the police when she later regained consciousness.

She gave a convincing description to the police leading to Sibanda's arrest.
Sibanda implicated Ndlovu after his arrest.

In their defence, the two said they were drinking beer at Waverly Hotel at the time the incident happened.