News / National
Supreme Court uphold five more death sentences
02 Aug 2012 at 05:36hrs | Views
THE Supreme Court yesterday confirmed five more death sentences, two of them of men who murdered their lovers.
On Tuesday the Supreme Court sitting in Bulawayo also confirmed three death sentences.
Confirming the death sentences imposed on Fungai Mpofu of Inyathi, Vusumuzi Nyoni of Lupane District, Ophias Moyo, also from Lupane, Jabulani Nkomo, of Siganda area in Inyathi and Mhlupeki Ngwenya, of Umguza, the Supreme Court ruled that the appeals were devoid of merit.
It also held that the trial courts did not err in concluding that there were no extenuating circumstances.
Deputy Chief Justice Luke Malaba, sitting with Justice Anne-Marie Gowora and acting Judge of Appeal, Justice Meshack Cheda, heard the cases of Mpofu and Moyo.
Justices Vernanda Ziyambi, Paddington Garwe and acting Judge of Appeal, Justice Nicholas Ndou dealt with the cases of Ngwenya, Nkomo and Nyoni.
Of all the cases that had been set down only Elson Munsaka had his appeal upheld and the death sentence was set aside.
The court remitted the case back to the trial court so that an inquiry into his correct age when he committed the offence is made before a proper sentence is passed.
According to documents in the court it would appear that he was 17 years old when he committed the murder and according to Zimbabwean law anyone below 18 cannot be sentenced to death.
The court heard that Nyoni, of Zamani village in St Paul's area, Lupane District, was 39 years old when he murdered his lover Kwanele Ndlovu (21).
On 14 April 2006, at about 7.30am, he went to his lover's homestead armed with an axe and sent her younger sister to call her.
The lover refused to come out of a hut and talk to Nyoni.
He tried to persuade her to come out but she refused.
He walked towards the gate where he had left the axe and picked it up.
Nyoni entered the hut where Ndlovu was and she got hold of the axe and they started wrestling until he managed to push her out of the hut.
Outside the hut she managed to wrest the axe from him and Nyoni picked up a log and struck her on the forehead felling her to the ground.
He axed her once on the head killing her instantly and ran away from the scene.
Members of the Neighbourhood Watch Committee eventually arrested Nyoni in Gwamba village.
Ms Angeline Munyeriwa of the Attorney General's Office prosecuted while Mrs Chipo Bhebhe of Coghlan and Welsh defended Nyoni pro deo.
Mpofu, who was 24 years old, of Stand 5, Village 9 Kennilworth, Inyathi, was once married to Lizzie Mtambo (25).
On 8 January 2008, Mtambo while coming from Guwe Clinic in the company of her younger sister met Mpofu in a bushy area.
He invited them to his homestead for lunch but they declined the invitation.
This infuriated Mpofu who started assaulting his ex-wife with a stick and when the woman's younger sister tried to intervene, Mpofu also assaulted her.
The younger sister ran away and informed their mother about the incident.
The mother and the girl went to the scene to try and rescue her but they did not find her and they decided to go back home since it was getting dark.
The following day they received a report that Lizzie had been found dead near Mpofu's fields with her body covered with a blanket.
He was arrested on 11 January and was found hiding in a pit covered with tree branches.
Mr Whisper Mabaudhi of the Attorney General's Office prosecuted and Mr Nqobile Nyathi of Lazarus and Sarif defended Mpofu pro deo.
On 17 July 2008, Moyo, of Village 6, Dongamuzi in Lupane District, who was 26 years old, saw Nomvelo Ndlovu (18) going to fetch water from Mzola River.
He followed her and proposed love to her but he was turned down.
Moyo grabbed both her hands as she was carrying a bucket full of water on her head resulting in it falling.
He dragged her to a secluded place where he forced her to lie down and raped her.
After the rape and in his own confession, in order to cover up the crime he had committed he strangled her with both hands.
Mr Thompson hove of the Attorney General's Office prosecuted and Mr Nkosilathi Mlala of Cheda and Partners, defended Moyo pro deo.
On 8 November 2002, Mandla Dube confronted Nkomo's wife about rumours that she was talking ill of him.
Nkomo, of Village 8 Kokolombeni in Siganda area, who was 30 years old, emerged from a hut and went to Dube and started assaulting him.
Dube decided to run away and Nkomo armed himself with two spears and gave chase.
While still running away, Dube decided to pass through Tela Cephas Ncube's homestead.
Ncube, who was a relative to both men, tried to restrain Nkomo and persuade him to stop the pursuit.
Nkomo stabbed Ncube (50) on the left side of the chest with one of the spears.
Ncube died on the spot and Nkomo was arrested the following day and handed over to the police.
Mr Lewis Maunze of the Attorney General's Office prosecuted and Ms Caroline Mudenda of Mudenda Attorneys represented Nkomo pro deo.
Ngwenya separated with his wife sometime in May 1999.
After the separation, Ngwenya's wife took their daughter to her parents' home at Chalmer Farm compound in Umguza.
On 1 July 1999, Ngwenya visited his in-laws' home and asked for his daughter's clothes and took the child to his house at Mbuyazwe Primary School within the same compound.
He later took his homemade knife and carried the baby in his armpit to a bushy area.
He laid the child on the ground and cut her in the neck and she died on the spot.
He was later arrested with the assistance of fellow compound residents.
Mr Simbarashe Timothy Makoni of the Attorney General's Office prosecuted and Mr Simbarashe Chivaura of Mashayamombe and Company defended Ngwenya pro deo.
On Tuesday the Supreme Court sitting in Bulawayo also confirmed three death sentences.
Confirming the death sentences imposed on Fungai Mpofu of Inyathi, Vusumuzi Nyoni of Lupane District, Ophias Moyo, also from Lupane, Jabulani Nkomo, of Siganda area in Inyathi and Mhlupeki Ngwenya, of Umguza, the Supreme Court ruled that the appeals were devoid of merit.
It also held that the trial courts did not err in concluding that there were no extenuating circumstances.
Deputy Chief Justice Luke Malaba, sitting with Justice Anne-Marie Gowora and acting Judge of Appeal, Justice Meshack Cheda, heard the cases of Mpofu and Moyo.
Justices Vernanda Ziyambi, Paddington Garwe and acting Judge of Appeal, Justice Nicholas Ndou dealt with the cases of Ngwenya, Nkomo and Nyoni.
Of all the cases that had been set down only Elson Munsaka had his appeal upheld and the death sentence was set aside.
The court remitted the case back to the trial court so that an inquiry into his correct age when he committed the offence is made before a proper sentence is passed.
According to documents in the court it would appear that he was 17 years old when he committed the murder and according to Zimbabwean law anyone below 18 cannot be sentenced to death.
The court heard that Nyoni, of Zamani village in St Paul's area, Lupane District, was 39 years old when he murdered his lover Kwanele Ndlovu (21).
On 14 April 2006, at about 7.30am, he went to his lover's homestead armed with an axe and sent her younger sister to call her.
The lover refused to come out of a hut and talk to Nyoni.
He tried to persuade her to come out but she refused.
He walked towards the gate where he had left the axe and picked it up.
Nyoni entered the hut where Ndlovu was and she got hold of the axe and they started wrestling until he managed to push her out of the hut.
Outside the hut she managed to wrest the axe from him and Nyoni picked up a log and struck her on the forehead felling her to the ground.
He axed her once on the head killing her instantly and ran away from the scene.
Members of the Neighbourhood Watch Committee eventually arrested Nyoni in Gwamba village.
Ms Angeline Munyeriwa of the Attorney General's Office prosecuted while Mrs Chipo Bhebhe of Coghlan and Welsh defended Nyoni pro deo.
Mpofu, who was 24 years old, of Stand 5, Village 9 Kennilworth, Inyathi, was once married to Lizzie Mtambo (25).
On 8 January 2008, Mtambo while coming from Guwe Clinic in the company of her younger sister met Mpofu in a bushy area.
He invited them to his homestead for lunch but they declined the invitation.
This infuriated Mpofu who started assaulting his ex-wife with a stick and when the woman's younger sister tried to intervene, Mpofu also assaulted her.
The younger sister ran away and informed their mother about the incident.
The mother and the girl went to the scene to try and rescue her but they did not find her and they decided to go back home since it was getting dark.
The following day they received a report that Lizzie had been found dead near Mpofu's fields with her body covered with a blanket.
He was arrested on 11 January and was found hiding in a pit covered with tree branches.
Mr Whisper Mabaudhi of the Attorney General's Office prosecuted and Mr Nqobile Nyathi of Lazarus and Sarif defended Mpofu pro deo.
On 17 July 2008, Moyo, of Village 6, Dongamuzi in Lupane District, who was 26 years old, saw Nomvelo Ndlovu (18) going to fetch water from Mzola River.
He followed her and proposed love to her but he was turned down.
Moyo grabbed both her hands as she was carrying a bucket full of water on her head resulting in it falling.
He dragged her to a secluded place where he forced her to lie down and raped her.
After the rape and in his own confession, in order to cover up the crime he had committed he strangled her with both hands.
Mr Thompson hove of the Attorney General's Office prosecuted and Mr Nkosilathi Mlala of Cheda and Partners, defended Moyo pro deo.
On 8 November 2002, Mandla Dube confronted Nkomo's wife about rumours that she was talking ill of him.
Nkomo, of Village 8 Kokolombeni in Siganda area, who was 30 years old, emerged from a hut and went to Dube and started assaulting him.
Dube decided to run away and Nkomo armed himself with two spears and gave chase.
While still running away, Dube decided to pass through Tela Cephas Ncube's homestead.
Ncube, who was a relative to both men, tried to restrain Nkomo and persuade him to stop the pursuit.
Nkomo stabbed Ncube (50) on the left side of the chest with one of the spears.
Ncube died on the spot and Nkomo was arrested the following day and handed over to the police.
Mr Lewis Maunze of the Attorney General's Office prosecuted and Ms Caroline Mudenda of Mudenda Attorneys represented Nkomo pro deo.
Ngwenya separated with his wife sometime in May 1999.
After the separation, Ngwenya's wife took their daughter to her parents' home at Chalmer Farm compound in Umguza.
On 1 July 1999, Ngwenya visited his in-laws' home and asked for his daughter's clothes and took the child to his house at Mbuyazwe Primary School within the same compound.
He later took his homemade knife and carried the baby in his armpit to a bushy area.
He laid the child on the ground and cut her in the neck and she died on the spot.
He was later arrested with the assistance of fellow compound residents.
Mr Simbarashe Timothy Makoni of the Attorney General's Office prosecuted and Mr Simbarashe Chivaura of Mashayamombe and Company defended Ngwenya pro deo.
Source - TC
