7 jailed for vigilante killing

SEVEN villagers from Plumtree who were part of a 10-men gang that fatally assaulted two border jumpers for stealing mealie-cobs in their fields were yesterday each sentenced to five years in jail.

Gadzanani Dube (49), Musa Ndlovu (29), Norman Dube (64), Twopac Nkomo (36), Vincent Berejena (30), Obedience Ndlovu (41) and Dingumuzi Moyo (42) all from Nxele Village were initially facing a murder charge in connection with the death of Benedict Ncube who was aged 26 and Xolisani Sibanda who was aged 19 in February 2008.

The other two suspects Mbuso Tshuma (34) and Sipho Mdlongwa, whose ages were not given, are still at large while the third one, Godfrey Sebenzo (34) is now late.

The seven were convicted of a lesser charge of culpable homicide by Bulawayo High Court judge Justice Maxwell Takuva.

They will each serve an effective three years in jail after two years were suspended for five years on condition that they do not within that period commit a similar offence.

The seven villagers tied the deceased persons' hands and indiscriminately attacked them resulting in the two men sustaining injuries that led to their deaths.

In passing sentence, Justice Takuva condemned acts of violence saying the courts frowned upon vigilante justice.

"Two young and innocent lives were lost as a result of your negligence. These young people wanted to cross to Botswana through undesignated crossing points to look for employment and it is hunger that forced them to steal.

"This case has all the hallmarks of vigilante justice and the message should go out to the community that people should not take the law into their own hands and hence the need to eradicate vigilante justice," said the judge.

Justice Takuva said culpable homicide arising from public violence is a serious offence which requires a deterrent sentence.

"The law prohibits anyone from taking away another person's life. The courts have a duty to protect the sanctity of human life and therefore we will not allow the rule of law to be replaced by the rule of the jungle," he said.

Justice Takuva blamed the accused persons for failing to take the two border jumpers to the relevant authorities.

"Normally such a crime would attract a sentence in the region of nine to 12 years. In this case we will reduce that range because of the delays and other mitigatory factors," said the judge.

Prosecuting, Mr Khumbulani Ndlovu said on February 25 in 2008 at about 1PM, Gadzanani and Musa were at a grazing land at Nxele village to look for their cattle when they spotted footprints of trespassers in Norman's field.

They became suspicious and started tracking the footprints which led them to a bushy area where they found Ncube, Sibanda and their friend Mzingaye Dube roasting mealie cobs.

"They confronted the trio and demanded to know where they got the maize cobs from. They tied their hands and frog marched them to Norman's maize field where the three men showed them the spot where they had plucked out the mealie-cobs," said Mr Ndlovu.

He said Gadzanani and Musa were later joined by Norman and Tshuma and they teamed up to assault the three friends all over their bodies using switches.

Berejena, Nkomo and Obedience came and joined in attacking the trio resulting in Benedict collapsing.

He was taken to Plumtree District Hospital where he succumbed to injuries two days later.

Sibanda was also later picked by passers-by at a bushy area where he had been abandoned by his assailants. He was taken to the same hospital where he died on admission.

Mr Liberty Mcijo of Liberty Mcijo and Associates represented the seven men.