Man kills wife for continued adulterous lifestyle

A LUPANE man who could not bear his wife's continued adulterous lifestyle and took matters into his hands by killing her, has his ancestors to thank after he was convicted of culpable homicide and sentenced to two years imprisonment.

Francis Moyo (52) of Jibajiba Village in Lupane appeared before Bulawayo High Court judge Justice Maphios Cheda sitting with assessors, Messrs Tholani Alias Ndlovu and Felix Simon Dube, at the Hwange High Court Circuit court facing a charge of killing his wife.

The State counsel, Miss Memory Munsaka, submitted that Moyo committed a grave offence out of anger which could not be excused for killing Ncube and should take responsibility for his actions.

On 11 August 2012 at about 7pm, the deceased, Sitheni Ncube (49), was at home in the kitchen chatting with her sister-in-law, Evelyn Moyo, who had paid her a courtesy visit when Moyo came in. He accused the two of discussing affairs and boyfriends before summoning Ncube to their bedroom hut. While in the bedroom, a misunderstanding erupted between the two. Moyo then began assaulting Ncube using a knobkerrie and sticks resulting in her sustaining severe injuries which led to her death on the spot.

While giving evidence, Sitheni, told the court that shortly after the two had gone into their bedroom she heard raised voices as if they were involved in a heated argument.

She came out of the kitchen hut and called out to the two to calm down but received no response. She then rushed to Francis' mother's homestead to ask her to come and intervene. However, on her return with his mother they found it was quiet and concluded that Francis and his wife had resolved the issue and retired to bed. They were shocked the following morning to learn that Francis had killed Ncube the previous night.

In mitigation, Francis, through his lawyer Mr Tonderai Mukuku, said his wife's adulterous behaviour had driven him off the edge as he had on different occasions caught her in compromising positions with other men.

He narrated how he caught her in bed with his brother who was later charged by the traditional court and ordered to pay a heifer and a goat as adultery damages. He forgave her and the two continued with their marriage until she went to South Africa and started living with another man who is now late.

On the fateful day he had seen the deceased talking to another man at sunset as he was coming from a traditional ceremony and because of her previous record he was convinced that she was having a relationship with the man. When he confronted her later that night in their bedroom she apologised but did not state what she was apologising for leading him to reaffirm his suspicions. This led him to slap her across the face of which she retaliated and hit him on the chest with a fist.

Having been provoked with her adulterous behaviour he lost self-control to the extent of suffering emotional stress which he blamed himself for.

He pleaded not guilty to murder and offered a plea of guilty on a lesser charge of culpable homicide. Passing sentence Justice Cheda agreed that Francis had faced emotional stress, however, that did not warrant him to kill Ncube. He said instead Francis, who already knew that he could not change his wife's promiscuous tendencies, was supposed to leave her but he stayed with her which was not normal at all.

He sentenced him to five years imprisonment of which three years were suspended for five years on condition that he does not commit a similar offence involving violence within that period.