Guard acquitted of murder after illegal miner shot dead at Inyathi mine

A security guard who fatally shot an illegal gold panner during a violent confrontation at a mine near Inyathi has been acquitted of murder after the High Court ruled that he acted in self-defence and out of necessity.

Mbekezeli Ngwabi, 52, of Tshongogwe Village in Lupane, was found not guilty by Justice Nokuthula Moyo at the Bulawayo High Court sitting on circuit in Hwange on Wednesday.

Ngwabi had denied murdering Thabo Ngwenya, 31, of Mtshatshane Village in Cross Zenka, Nkayi, who died after being shot once in the chest on November 30, 2025.

Defence lawyer Nkosiyenzile Mpofu of Abel Law Chambers said the court accepted both legal arguments advanced on behalf of his client.

"The judge accepted that this was self-defence in terms of Section 253 of the Criminal Law Code because he had no other option and the force he used was proportionate given the imminent harm," Mpofu told journalists after the ruling.

"We further raised the defence of necessity in terms of Section 263 of the Code and the judge also agreed with us. We are very pleased for our client, who regains his freedom after a very unfortunate situation where someone has died."

Ngwabi was employed as a security guard at DGL5 Queens Mine in Inyathi.

According to the National Prosecuting Authority (NPA), Ngwabi and fellow security guards Elisha Mutsvayi and Lawrence Sam were patrolling the mine at around 10am when they encountered a group of illegal miners operating on the company's mining claim.

The guards managed to apprehend one of the miners while the others fled.

Prosecutors said the group later regrouped and returned, pelting the guards with stones while demanding the release of the detained miner.

As the confrontation escalated, the guards released the suspect, but the mob allegedly continued attacking them.

The prosecution said the guards attempted to retreat towards the mine gate but found their escape route blocked by the advancing miners.

Ngwabi then fired a single shot from a 12-bore Escort shotgun, fatally striking Ngwenya in the chest. The deceased reportedly ran about 100 metres before collapsing and dying from his injuries.

In his defence outline, Ngwabi gave a more detailed account of the events, stating that he had responded to reports of between 50 and 60 illegal miners threatening mine security personnel at one of the shafts.

He said the crowd was armed with stones, axes, picks, catapults and machetes and charged at the guards after one miner had been detained.

According to the defence, the guards retreated towards the mine entrance while repeatedly firing rubber bullets in an attempt to disperse the crowd.

Ngwabi said he eventually released the detained miner after the attackers continued advancing while shouting threats that the guards should be assaulted.

After exhausting his supply of rubber ammunition, he loaded live rounds and fired towards the ground in what he said was a final attempt to frighten off the advancing mob.

The defence argued that the shot unintentionally struck Ngwenya, causing the fatal injury.

According to Ngwabi, the crowd went on to vandalise the mine's guardroom, destroy surveillance cameras, force entry into company offices and steal laptops and gold ore before police arrived approximately an hour later.

He maintained that he had acted to protect both mine property and the lives of himself and his colleagues against an imminent and life-threatening attack after exhausting less lethal options, including retreating and firing warning shots.

Ngwabi denied intending to kill or injure anyone, insisting that the fatal shooting was accidental.

Three mine employees — Msiziwethu Mathuthu, Simion Khumalo and William Shiri — gave evidence broadly supporting Ngwabi's version of events.

The witnesses told the court they saw Ngwabi and his colleagues being chased towards the mine fence by a crowd of illegal miners armed with shovels, picks, axes and stones.

They said that after the guards became cornered at the fence, Ngwabi turned and fired a single shot, causing the attackers to disperse and allowing the guards to escape into the mine premises.

A forensic ballistics report prepared by Stephen Gundumure, a forensic firearms identification officer with the Forensic Science Directorate, confirmed that the shotgun used by Ngwabi had fired the cartridge recovered at the scene.

The report also established that the firearm was not linked to any other crime recorded on the national ballistics database.

Detective Constable Lameck Ndlovu of CID Inyathi, who investigated the case and recovered the firearm and spent cartridge, also testified, along with United Bulawayo Hospitals pathologist Dr Sanganai Pesanai, who conducted the post-mortem examination.

Mncedisi Dube represented the State.