Village head jailed for killing subject

Clemence Chikazhi, a village head from Mhangura, has been sentenced to six years in prison after fatally attacking a 75-year-old man over a dispute concerning chickens. The court reduced his sentence to an effective four years after suspending two years on the condition of good behavior.

Chikazhi, who was convicted of culpable homicide, had initially been charged with murder, but the court found him guilty of a lesser charge following the altercation that led to the death of Philip Mashava.

The incident occurred on July 24, 2024, at Dugeni Shopping Centre in Mhangura, where Chikazhi and Mashava clashed over a space dispute inside a shop. During their disagreement, Mashava asked Chikazhi to return the chickens he had paid for during a cleansing ceremony conducted by a traditional healer, commonly known as a tsikamutanda, who had been invited by the deceased.

According to court reports, Chikazhi became enraged, grabbed Mashava by the collar, and a physical altercation ensued. After the altercation in the shop, Mashava left, only for Chikazhi to follow him outside, where he kicked the elderly man and struck him with a brick.

While Chikazhi admitted to grabbing Mashava by the collar, he denied causing any further harm. In his defense, Chikazhi stated that Mashava had demanded the return of the chickens, which led to a confrontation. However, the court heard from several witnesses, including Dr. Nyamdela, Costa Nhambura, Dr. Gomera, Elson Madhuku, and Willard Mubatapasango, who presented evidence and testimonies surrounding the attack.

Mubatapasango, a police officer, testified that he had received an attempted murder report from Mathew Ostane and that Mashava was first admitted to Makonde Christian Hospital for treatment. Later, Mashava was transferred to Chinhoyi Provincial Hospital, where he succumbed to his injuries.

The court was also presented with witness testimony from Ostane, who had seen Chikazhi assault Mashava. He testified that Chikazhi kicked Mashava and struck him with a brick while the victim was already on the ground. The judge noted that although Ostane was unable to confirm how Mashava fell, his version of events remained credible.

Justice Philda Muzofa ruled that the evidence showed Chikazhi's actions directly contributed to Mashava's fatal injuries, including a massive cerebral oedema, which caused swelling of the brain. The judge acknowledged that while the booted feet and the brick might not have caused the fatal injury, Mashava likely sustained the critical injury when he fell and hit his head on a hard surface.

In concluding, the judge stated, "By this conduct, the accused lacked both the actual and legal intention to cause the death of the deceased. He was negligent in his actions."

Chikazhi was acquitted of murder but found guilty of culpable homicide, a charge under the Criminal Law Code.