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Vendor cleared in 'one-punch' death case
13 hrs ago |
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A Bulawayo man who spent months on remand facing a murder charge has been acquitted after the High Court ruled that the State failed to prove intent to kill.
Edson Dzipe (45), of Cowdray Park, was freed on Monday at the close of the State's case by Justice Ngoni Nduna, bringing to an end a trial centred on a fatal street altercation described as a "one-punch" incident.
Dzipe had been accused of killing 43-year-old Sobala Khumalo on May 26, 2025, following a dispute at the corner of 5th Avenue and Fife Street, where both men operated as informal traders.
According to court proceedings, the conflict stemmed from a prior incident in which Dzipe reported a fellow vendor, identified as Simba, to police over missing merchandise. Simba was subsequently ordered to compensate Dzipe US$60, a development that allegedly angered other vendors, including Khumalo.
On the day of the incident, Khumalo reportedly confronted Dzipe while he was attempting to collect money owed to him, leading to a heated exchange that escalated into a physical altercation.
Defence lawyer Simba Mawere told the court that Khumalo acted aggressively, kicking and insulting Dzipe during the confrontation. He argued that Dzipe struck back in self-defence after being attacked.
"In defending himself from this unlawful attack, the accused hit back, and the now deceased fell down," Mawere submitted.
Dzipe maintained throughout the trial that he had no intention to kill and was merely protecting himself.
In his ruling, Justice Nduna found that the State had failed to present sufficient evidence to support a murder conviction.
"Under Section 47 of the Criminal Law (Codification and Reform) Act, a murder conviction requires proof that the accused intended to kill or realised there was a real risk of death and persisted," he said.
The court ruled that the prosecution, led by Tsitsi Mutikwa, had not met this threshold, resulting in Dzipe's acquittal.
The judgment brings closure to a case that highlighted the risks of escalating disputes among informal traders operating in crowded urban spaces.
Edson Dzipe (45), of Cowdray Park, was freed on Monday at the close of the State's case by Justice Ngoni Nduna, bringing to an end a trial centred on a fatal street altercation described as a "one-punch" incident.
Dzipe had been accused of killing 43-year-old Sobala Khumalo on May 26, 2025, following a dispute at the corner of 5th Avenue and Fife Street, where both men operated as informal traders.
According to court proceedings, the conflict stemmed from a prior incident in which Dzipe reported a fellow vendor, identified as Simba, to police over missing merchandise. Simba was subsequently ordered to compensate Dzipe US$60, a development that allegedly angered other vendors, including Khumalo.
On the day of the incident, Khumalo reportedly confronted Dzipe while he was attempting to collect money owed to him, leading to a heated exchange that escalated into a physical altercation.
Defence lawyer Simba Mawere told the court that Khumalo acted aggressively, kicking and insulting Dzipe during the confrontation. He argued that Dzipe struck back in self-defence after being attacked.
"In defending himself from this unlawful attack, the accused hit back, and the now deceased fell down," Mawere submitted.
Dzipe maintained throughout the trial that he had no intention to kill and was merely protecting himself.
In his ruling, Justice Nduna found that the State had failed to present sufficient evidence to support a murder conviction.
"Under Section 47 of the Criminal Law (Codification and Reform) Act, a murder conviction requires proof that the accused intended to kill or realised there was a real risk of death and persisted," he said.
The court ruled that the prosecution, led by Tsitsi Mutikwa, had not met this threshold, resulting in Dzipe's acquittal.
The judgment brings closure to a case that highlighted the risks of escalating disputes among informal traders operating in crowded urban spaces.
Source - ZimLive
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