Deaf man gets community service for uncle's killing

A 36-year-old deaf man from Eastview, Harare, who fatally assaulted his uncle with a wheel spanner after a dispute involving his girlfriend, has been sentenced to perform 420 hours of community service.

Fanuel Masora was initially sentenced to 36 months in prison, but the term was wholly suspended on condition that he completes the community service. The High Court convicted him of culpable homicide rather than murder.

The incident occurred on January 5, 2014, in Eastview Phase 4. Masora struck his uncle, Magijo Masora, four times on the head with a 2.2kg wheel spanner while the victim was asleep. A post-mortem report concluded that the cause of death was polytrauma to the head and blunt force injuries.

Represented by lawyer Obey Shava, Masora had pleaded not guilty to murder. He argued that the Criminal Law (Codification and Reform) Act was not available in sign language and had therefore not been effectively communicated to him or the deaf community. The court dismissed this argument.

He later pleaded guilty to culpable homicide, stating that he had been provoked to lose self-control. The court heard that tensions stemmed from a dispute involving his former girlfriend, whom he intended to marry.

On the day before the killing, the trio met to discuss challenges in the relationship. The uncle, who acted as a sign language interpreter, reportedly spent more time speaking to the woman in Shona and discouraged the relationship, allegedly saying that "the hearing and the deaf cannot be together."

Masora felt excluded from the conversation and began to suspect that his uncle had an interest in his girlfriend. That night, after both had gone to bed, he retrieved a wheel spanner and attacked his uncle. He later moved the body to an unfinished house about 17 metres away and attempted to clean the scene.

A psychologist, Lincoln Hlatshwayo, testified that communication barriers can limit conceptual understanding for deaf individuals. He told the court that Masora, who had reached Form 2 education, functioned at a cognitive level comparable to a Grade 3 or 4 learner.

Presiding judge Emilia Muchawa ruled that Masora had no intention to kill but acted under provocation, leading to a sudden and complete loss of self-control.

Citing Section 239 of the Criminal Law Code, the judge noted that provocation can reduce a murder charge to culpable homicide if intent is absent. She said the uncle's remarks became "the recipient of all the accumulated anger and frustration" in Masora's life, compounded by his inability to express himself verbally.

Masora was ultimately convicted under Section 49 of the Criminal Law Code and spared a custodial sentence, with the court opting for a rehabilitative penalty through community service.