Beitbridge soldiers kill unarmed churchgoer

A High Court judge has delivered a stern warning to trained and uniformed personnel, declaring that firearms should never be used in society unless in a war situation, as he sentenced three Zimbabwe National Army soldiers to prison for the fatal shooting of a Zion Christian Church (ZCC) congregant in 2019.

Justice Naison Chivayo of the Bulawayo High Court sentenced Ngqabutho Khoza, Emmanuel Kandidzanwa, and Oscar Mutambisi to eight years in prison after finding them guilty of culpable homicide in the death of Jervas Masvina, who was shot during a church gathering in the bush near Beitbridge.

Three years of the sentence were suspended for five years on condition that the soldiers do not commit a similar offence during that period, leaving them to serve five effective years behind bars.

Masvina was killed on July 27, 2019, during what was supposed to be an all-night prayer session held by ZCC members at their church shrine located about 700 metres from the International Organisation for Migration (IOM) offices and opposite Beitbridge Airstrip.

The court heard that the three soldiers, dressed in full military uniform, had been deployed to arrest cigarette smugglers in the area. They approached the ZCC members without identifying themselves and ordered everyone to lie down. When some members, including Masvina, resisted, Khoza fired two shots from his AK-47 rifle. One bullet struck Masvina in the back and exited through his chest, killing him instantly.

"The deceased died clinging to his Bible and church items through the negligence of the accused," Justice Chivayo said in his judgment.

"The mission of the offenders was to arrest smugglers — if indeed there were any. But there was no evidence of any smuggling activity. This court, therefore, frowns at people who remove the God-given gift of life."

Justice Chivayo emphasized that those legally in possession of firearms must act responsibly and must only use such weapons in warfare situations. "The sentence this court is going to deliver is such that a clear message must be sent to people out there that those who happen to be trained or those who happen to be in possession of firearms legally must never use them unless it's a war set-up."

Khoza had claimed the fatal shot was accidental, alleging he discharged his firearm while tussling with someone he believed to be a smuggler. He also said he had been struck in the eye with a stone thrown by one of the church members.

Kandidzanwa and Mutambisi claimed they were unarmed and uninvolved in the shooting. However, Justice Chivayo found that all three had acted with common purpose, citing evidence that they were working in coordination and had not withdrawn from the scene.

"They all knew amongst themselves that the one who was armed was the first accused (Khoza), and this is the very reason why he was taking the lead. That the three were acting in common purpose has been proved," the judge said.

After the shooting, the soldiers reportedly left Masvina's body at the scene, claiming they would return with a vehicle — but they never did.

The incident has reignited debate about military involvement in civilian spaces and the use of force by armed personnel. Justice Chivayo's ruling sends a strong message about the sanctity of life and the limits of military authority in peacetime.

The Zimbabwe National Army has not issued a public statement on the sentencing.