Murderer breaks down in court as a sign of showing remorse

A Nkayi man broke down in court yesterday during his trial for murdering his nephew in a brawl at a beer drink.

Josiah Ncube (58) - jointly charged with his son Mayibongwe (20) and nephew Lungani (22) - continuously sobbed during proceedings before Bulawayo High Court judge Justice Martin Makonese at the ongoing Hwange High Court circuit.

However, it could not be ascertained whether Ncube was sobbing as a sign of remorse for the gruesome murder of nephew Fanyana Ndlovu or in fear of his impending incarceration, as it later emerged that he has 13 children, seven of whom are minors.

Lungani was acquitted and discharged after plea for lack of evidence - after it emerged that he did not participate in the fight which led to the death of Ndlovu in May.

Ncube and his son Mayibongwe pleaded not guilty to murder, but to the lesser charge of culpable homicide.

They were each sentenced to an effective 10 years in prison.

In sentencing them, Justice Makonese said the assault on Ndlovu was senseless.

"There is no evidence that the now deceased was fighting back and also there was no evidence of a real danger against you (accused).

"The assault on the deceased is a wholemark gang assault on a defenceless person.

"One wonders why a human being assaults another person as if assaulting an animal," Justice Makonese said.

"This kind of behaviour should not be tolerated in society. Disputes should be resolved amicably. Accused (Ncube) is 58 years old.

"He should have restrained his son from assaulting the now deceased with a knobkerrie, but he took the leading role. The case borders on murder with constructive intent."

The judge said the pair's drunkenness did not reduce their moral blameworthiness as it appeared they knew what they were doing since they assaulted Ndlovu until he was unconscious and later fled from the scene.

Appearing in the same court was a member of an apostolic faith sect who struck his enstranged wife Ntombiyenkosi Sibanda with an axe in Nkayi resulting in her instant death after she told him she had found love in an injiva based in South Africa.

Milton Dube (24) was also convicted of culpable homicide and sentenced to 12 years in prison.