Woman axes neighbour over R5 cigarette debt

A 45-year-old Plumtree woman from Madlambuzi village allegedly fatally axed her neighbour for failing to settle a R5 cigarette debt, the court heard.

The woman, Sikhumbuzo Mugure Ndlovu appeared before Bulawayo High Court judge Justice Nokuthula Moyo facing a charge of murdering her neighbour, Lazarus Ncube, 33.

Ndlovu denied the charge and pleaded guilty to a lesser charge of culpable homicide and the judge reserved judgment to today.

Prosecuting, Sifiso Ndlovu-Sibanda said on June 23 last year shortly after 8AM, Ncube went to his niece, Siphathisiwe Maseko's homestead and borrowed sugar. Maseko then decided to escort her uncle to his home and on their way they passed through Ndlovu's homestead.

"While Ncube and Maseko were passing through Ndlovu's homestead, she spotted them and started shouting and insulting Ncube using obscene language as she demanded R5 which Ncube owed her," said Ndlovu-Sibanda.

The court heard that Ncube ignored Ndlovu and continued walking home.

Ndlovu who was washing dishes, abandoned her chores, armed herself with an axe and followed Ncube and Maseko.

She caught up with them as they were about to reach Ncube's homestead.

"On catching up with Ncube, Ndlovu hit the victim with an axe on the left side of his head and he fell down," said the prosecutor.

The court heard that Ndlovu continued to assault Ncube as he lay on the ground while his niece watched helplessly. Ndlovu's son, Thembelani Gumbo, came to Ncube's rescue and managed to disarm his mother.

Ncube was rushed to Ntoli Hospital where he later died due to the injuries he sustained.

However, in her defence through her lawyer Innocent Rujeko Mafirakureva, Ndlovu said she acted in self defence as Ncube wanted to rape her for demanding her money.

"I was washing my dishes when I spotted Ndlovu who was in the company of his niece as they were passing near my home. I then asked Ncube to stop so that he could give me my R5 that he owed me for a packet of cigarette that he had borrowed, but he started to insult me," she said.

Ndlovu said after confronting Ncube over the debt, there was an altercation.

"While we were arguing over the money, Ncube insulted me calling me a prostitute and I got angry and slapped him on the face. Ncube then picked a stone and struck me under my left breast and I fell down," she said.

Ndlovu told the court that Ncube then tried to rape her as she lay on the ground.

"It was when he was trying to strip me while pinning me down that I mustered strength and managed to fish out a hand axe from his trousers' pocket. I hit him on the head once and he got off me and I threw away the axe and screamed for help and neighbours came," she said.

In her testimony, Maseko denied that her uncle tried to rape Ndlovu.

She also testified that Ndlovu provoked her uncle who did not make an effort to put up a fight against his assailant.

"My uncle didn't insult Ndlovu. In fact, Ndlovu came running towards us and the next thing, she hit Ncube with an axe and he fell down. She continued assaulting him until her son came to his rescue," said Maseko.

In her submissions, prosecutor Ndlovu-Sibanda said Ndlovu was the aggressor who attacked Ncube who was not armed.

She disputed Ndlovu's evidence, arguing that it was contradictory and full of inconsistencies.

"Ndlovu's version of the story can't be relied on as it is full of inconsistencies and lies. She was not a truthful witness and it's my humble submission that she be found guilty of murder with actual intent," said Ndlovu-Sibanda.

"Ndlovu used a lethal weapon aiming it at a vulnerable part of the body and as if that wasn't enough she continued to assault Ncube as he lay helplessly on the ground with bleeding wounds. There is no doubt that her intention was to kill Ncube."

The defence lawyer argued that his client was provoked by Ncube. He also said Maseko's evidence was not credible.

"Maseko is Ncube's niece and in her testimony, her objective was to obviously incriminate my client. My client only attacked Ncube after he had touched her buttocks which culminated in a fight and I'm of the view that murder with actual intent doesn't apply from the evidence led because it wasn't substantial," Mafirakureva argued.

He said Ndlovu did not foresee the possibility of death when she committed the crime.

"It's my belief that Ndlovu should be found guilty of culpable homicide on the basis that she was negligent by hitting Ncube on the head," said the lawyer.

Justice Moyo reserved judgment to today.