Man gets death sentence for axing sister-in-law

BULAWAYO High Court judge Justice Lawrence Kamocha on Friday sentenced to death a Gokwe South man who in 2010 axed to death his sister-in-law before striking his wife with the same axe and nearly killing her.

Jaison Chavhunduka (24) of Nyambira Village, Chief Njelele, suspected that his now deceased sister-in-law was influencing his wife to engage in prostitution. He was also irked by his wife's asking for permission to visit her parents and the bus fare meant to facilitate the trip.

Chavhunduka had pleaded not guilty to charges of murder and attempted murder but Justice Kamocha, sitting with assessors, Messrs James Lex Ndhlula and Wellington Takawira Matemba, convicted him of murder with actual intent and attempted murder.

Chavhunduka, who was represented pro deo by Mr Brian Dube, of Gundu Mawarire Legal Practitioner, was sentenced to death on the murder charge and slapped with another eight years for attempted murder.

For the State, Mrs Rosa Takuva said on 3 September 2010, at about 4am, Chavhunduka was sleeping  in the same hut with his wife, Ms Nomsa Mawana  (24) and two young children.

She said Chavhunduka woke up while everyone  in the hut was fast asleep and took an axe, which  he used to strike Ms Mawana once on the right side of the head.

Mrs Takuva said after assaulting his wife, Chavhunduka fled from the scene.

She said Ms Mawana suffered a depressed skull fracture on the right temporal region.

Two days later, on 5 September, Chavhunduka arrived at his now deceased sister-in-law Sibekezeli Tshuma's homestead at around 9am. He found her seated on a sack in the kitchen hut with her   six-year- old son.

The court heard that Chavhunduka sat on a bench which was in the kitchen hut and started talking to Tshuma. Chavhunduka suddenly picked up an axe  and struck Tshuma once on the left side of her head and once on the right side. Chavhunduka took  a towel and wiped the blood from the axe and left. Tshuma died on the way to Sanyati Hospital.

Chavhunduka's wife, Ms Mawana and her twin sister, Ms Lisa Mawana gave evidence in court on   what transpired on 3 and 5 September 2010.

Ms Nomsa Mawana said when Chavhunduka refused to give her bus fare to visit her parents, she threatened to walk. She said when she asked Chavhunduka's parents to intervene in the impasse, they told her that she was a problem. They also told her that they did not want to see her at their home and ordered her to pack her belongings and return to her parents. Ms Nomsa Mawana proceeded to her  parents' place the following morning.

She said after a few days, Chavhunduka followed her to her parents' place in the company of his parents and they asked for forgiveness.
She said the Chavhundukas paid a goat. However, Ms Nomsa Mawana said her father asked them to pay part of the lobola and Chavhunduka paid a beast and $150.

Ms Nomsa Mawana said she suggested to Chavhunduka that they should set up their own homestead and move away from Chavhunduka's parents and he agreed.
She said Chavhunduka's parents continued to pester her to leave their home.

It is at this stage that Ms Nomsa Mawana decided to share her problems with her twin sister, Ms Lisa Mawana.

Ms Nomsa Mawana said she decided to go to her parents' home to leave her daughter, as she wanted to go and apply for a national identity card. She said she went with her twin sister together with another of their sisters.

Along the way they met Chavhunduka who also accompanied them.

Ms Nomsa Mawana said together with her two sisters and a sister-in-law they slept in the  same kitchen hut with Chavhunduka. She said she shared blankets with her husband while her  sisters and sister-in-law slept on the other side of  the hut.

Ms Nomsa Mawana said she only came to know  that she had been injured when she was in a car that was taking her to hospital. She said her head was bandaged and she was bleeding profusely.

Ms Nomsa Mawana said she learnt from her  father that she had been struck with an axe by her husband.