News / Regional
Murderer sentenced to 30 years in prison for killing man over $1
04 Oct 2013 at 18:25hrs | Views
A man from Esigodini area in the outskirts of Bulawayo has been jailed prison for 30 years for killing a man over $1.
Khululiwe Mema (31) fatally stabbed another man with an Okapi knife for restraining him from assaulting his cousin.
On Tuesday and Bulawayo High Court judge Justice Lawrence Kamocha found him guilty of murder with actual intent.
Justice Kamocha said the only extenuating circumstance was the fact that Mema was moderately drunk, which he said reduced his moral blameworthiness.
Sentencing Mema, the judge said he was lucky to escape capital punishment and life imprisonment.
"I considered that you are a family man and you paid funeral expenses. However, you started the trouble by tearing somebody's $1.
"There was a fight but you followed the deceased two hours later which shows that you did not want this matter to end amicably.
"You showed no remorse but instead chose to lie to the court yet life was lost unnecessarily.
"Your conduct was despicable and you are lucky to escape capital punishment, you do not deserve leniency but you will also be spared life imprisonment because you delivered one blow.
"You are therefore sentenced to 30 years imprisonment," said Justice Kamocha.
Mema's pro deo lawyer Mr Dumisani Dube, of Cheda and Partners in mitigation had submitted that his client had paid the $1 500 and two beasts and had applied to invoke Section 160 of the Criminal Procedure and Evidence Act Chapter 9:07 to have the case thrown out on the grounds that more than six months had lapse before trial could take off.
Justice Kamocha, sitting with Mr Jongilizwe Sobantu and Mrs Isabel Mashengele as assessors, said the statute was not applicable to the case.
State counsel Ms Nokuthaba Ngwenya from the Attorney General's Office submitted that Mema deserved a harsher sentence because he stabbed a defenseless man who was sleeping in his own house.
On 1 July 2012, at about 9pm, Nyathi, Mema and Mr Leonard Mpofu were at Habane Beer Garden drinking beer.
The court was told that Mr Mpofu took out $1 and went to the counter intending to buy beer but Mema snatched and tore it.
A fist fight ensued between Mr Mpofu and Mema.
Nyathi intervened and hit Mema with an empty bottle twice on the head.
Two hours later when Nyathi had retired to bed, Mema followed and stabbed him once on the abdomen in front of his wife in the bedroom.
Mema removed the knife and fled from the scene leaving Nyathi lying in a pool of blood.
Nyathi was rushed to Esigodini District Hospital where he later died as a result of the injuries sustained from the attack.
Mema was arrested in the morning and the Okapi knife was recovered.
Khululiwe Mema (31) fatally stabbed another man with an Okapi knife for restraining him from assaulting his cousin.
On Tuesday and Bulawayo High Court judge Justice Lawrence Kamocha found him guilty of murder with actual intent.
Justice Kamocha said the only extenuating circumstance was the fact that Mema was moderately drunk, which he said reduced his moral blameworthiness.
Sentencing Mema, the judge said he was lucky to escape capital punishment and life imprisonment.
"I considered that you are a family man and you paid funeral expenses. However, you started the trouble by tearing somebody's $1.
"There was a fight but you followed the deceased two hours later which shows that you did not want this matter to end amicably.
"You showed no remorse but instead chose to lie to the court yet life was lost unnecessarily.
"Your conduct was despicable and you are lucky to escape capital punishment, you do not deserve leniency but you will also be spared life imprisonment because you delivered one blow.
"You are therefore sentenced to 30 years imprisonment," said Justice Kamocha.
Justice Kamocha, sitting with Mr Jongilizwe Sobantu and Mrs Isabel Mashengele as assessors, said the statute was not applicable to the case.
State counsel Ms Nokuthaba Ngwenya from the Attorney General's Office submitted that Mema deserved a harsher sentence because he stabbed a defenseless man who was sleeping in his own house.
On 1 July 2012, at about 9pm, Nyathi, Mema and Mr Leonard Mpofu were at Habane Beer Garden drinking beer.
The court was told that Mr Mpofu took out $1 and went to the counter intending to buy beer but Mema snatched and tore it.
A fist fight ensued between Mr Mpofu and Mema.
Nyathi intervened and hit Mema with an empty bottle twice on the head.
Two hours later when Nyathi had retired to bed, Mema followed and stabbed him once on the abdomen in front of his wife in the bedroom.
Mema removed the knife and fled from the scene leaving Nyathi lying in a pool of blood.
Nyathi was rushed to Esigodini District Hospital where he later died as a result of the injuries sustained from the attack.
Mema was arrested in the morning and the Okapi knife was recovered.
Source - Newsbite
