News / Regional
Man bashed to death because of his cattle feasted on neighbour's crops
13 Nov 2013 at 21:24hrs | Views
A man was beaten to death over his herd of cattle, which repeatedly grazed in the neighbour's garden.
Artwell Ncube was 59 years old last year when he was attacked by Ndiko Bhekikhaya Masiza with a stick all over the body.
According the medical report done at the United Bulawayo Hospitals, Ncube of Mbembesi died as a result of cervical spinal cord injury and cervical spinal dislocation he sustained as a result of assault by Masiza from the same area.
Masiza (61) was irked by the fact that each time he planted crops and vegetables in his garden, Ncube's cattle would devour them.
On the fateful day on 13 June this year, Masiza found the herd feasting on his crops and he drove it towards Ncube's homestead armed with a stick.
Masiza met Ncube on the way and the two engaged in a fight until the former overpowered the owner of the cattle.
Masiza then started striking Ncube with the stick several times on the face and all over the body.
He had his advanced age to thank for a shorter sentence as Bulawayo High Court judge Justice Martin Makonese sentenced him to five years in jail.
Murder charges were dropped against Masiza as the State prosecutor Miss Namatirai Ngwasha preferred a lesser charge of culpable homicide against him.
Sentencing Masiza, Justice Makonese, with Mr Mathias Munzabwa and Mr Tolani Elias Ndlovu agreeing as assessors, said he considered that Ncube was the aggressor.
"People like you are expected to exercise their wisdom in solving disputes than to resort to violence.
It is a shame that as old as you are you find yourself on the wrong side of the law for such an offence.
"Life was lost and the court cannot restore that life.
Unfortunately the court cannot give you a very short sentence and had it not been for your advanced age, provocation by the deceased and that he was the aggressor I would have sent you to jail for a very long time," said Justice Makonese.
He said it was not in dispute that Masiza viciously attacked Ncube due to the nature of injuries he sustained.
The judge who is on circuit in Hwange said it was the court's duty to give deterrent sentences to show the society that violence is not in any way the best solution for disputes.
Masiza's pro deo lawyer, Mr Thulani Nkala of Dube and Company Legal Practitioners told the court that at some stage he successfully obtained a peace order against Ncube.
"Ncube was the aggressor and the accused acted in self defence.
His cattle had on other occasions destroyed his crops.
The accused had tried to resolve the matter in a civil manner through talks but failed until he sought a peace order (BOP 63/12) on 27 June 2012 in which the deceased's cattle were the subject.
"One moment of lapse in concentration is the reason why he finds himself in trouble today but the deceased was the author of his death.
I am suggesting a reformative sentence in the region of five years," said Mr Nkala.
Miss Ngwasha reminded the court to take seriously the upholding of the sanctity of life.
She told how Ncube met his death when he collapsed to the ground following the assault by Masiza.
His wife found his body lying in a pool of blood the following morning.
Artwell Ncube was 59 years old last year when he was attacked by Ndiko Bhekikhaya Masiza with a stick all over the body.
According the medical report done at the United Bulawayo Hospitals, Ncube of Mbembesi died as a result of cervical spinal cord injury and cervical spinal dislocation he sustained as a result of assault by Masiza from the same area.
Masiza (61) was irked by the fact that each time he planted crops and vegetables in his garden, Ncube's cattle would devour them.
On the fateful day on 13 June this year, Masiza found the herd feasting on his crops and he drove it towards Ncube's homestead armed with a stick.
Masiza met Ncube on the way and the two engaged in a fight until the former overpowered the owner of the cattle.
Masiza then started striking Ncube with the stick several times on the face and all over the body.
He had his advanced age to thank for a shorter sentence as Bulawayo High Court judge Justice Martin Makonese sentenced him to five years in jail.
Murder charges were dropped against Masiza as the State prosecutor Miss Namatirai Ngwasha preferred a lesser charge of culpable homicide against him.
Sentencing Masiza, Justice Makonese, with Mr Mathias Munzabwa and Mr Tolani Elias Ndlovu agreeing as assessors, said he considered that Ncube was the aggressor.
"People like you are expected to exercise their wisdom in solving disputes than to resort to violence.
It is a shame that as old as you are you find yourself on the wrong side of the law for such an offence.
"Life was lost and the court cannot restore that life.
He said it was not in dispute that Masiza viciously attacked Ncube due to the nature of injuries he sustained.
The judge who is on circuit in Hwange said it was the court's duty to give deterrent sentences to show the society that violence is not in any way the best solution for disputes.
Masiza's pro deo lawyer, Mr Thulani Nkala of Dube and Company Legal Practitioners told the court that at some stage he successfully obtained a peace order against Ncube.
"Ncube was the aggressor and the accused acted in self defence.
His cattle had on other occasions destroyed his crops.
The accused had tried to resolve the matter in a civil manner through talks but failed until he sought a peace order (BOP 63/12) on 27 June 2012 in which the deceased's cattle were the subject.
"One moment of lapse in concentration is the reason why he finds himself in trouble today but the deceased was the author of his death.
I am suggesting a reformative sentence in the region of five years," said Mr Nkala.
Miss Ngwasha reminded the court to take seriously the upholding of the sanctity of life.
She told how Ncube met his death when he collapsed to the ground following the assault by Masiza.
His wife found his body lying in a pool of blood the following morning.
Source - chronicle
