News / Regional
1 dead as inheritance dispute ends in tragedy
14 Nov 2015 at 02:35hrs | Views
A BINGA man has been sentenced to an effective nine years in jail for fatally assaulting his 80-year-old mother following a dispute over cattle which he inherited from his father.
Bulawayo High Court judge Justice Nokuthula Moyo who is on circuit in Hwange on Thursday convicted Solomon Dube (45) of Lubimbi Village of culpable homicide for causing the death of his mother Esica Dube six months ago.
Dube who was facing a murder charge, was convicted of a lesser charge of culpable homicide.
In passing sentence, Justice Moyo said Dube's conduct was deplorable and taboo in African society.
"What is aggravating is that you chose to assault your mother instead of showing respect. Although you were provoked by your mother's conduct when she took the cattle that you inherited from your late father and gave them to your sister, your actions cannot be condoned. In fact, you should have sought dialogue with your mother or elders rather than resort to violence," said Justice Moyo.
The judge said the courts had a duty to uphold the sanctity of human life.
"It is an act of abomination and taboo in our African society to assault a parent or your elders. The courts are inundated with cases of domestic violence where life is unnecessarily lost. Beer drinking should not be an excuse to engage in violence," said Justice Moyo.
Prosecuting, Namatirai Ngwasha said on May 31 this year at about 7pm, Dube was seated in his bedroom hut with his son shortly after returning from a beer drink when his mother arrived at his home. The court heard that Dube's mother enquired from Dube's son about the whereabouts of her cattle.
"While talking to her grandson, Dube sprang from his chair and confronted his mother accusing her of taking his cattle and giving them to his sister," said Ngwasha.
In a fit of rage, Dube who was drunk, grabbed his mother's walking stick and used it to strike her several times in the head, face and chest. She cried for help and Dube fled from the scene leaving the woman lying on the floor writhing in pain.
Neighbours rushed her to Lubimbi Clinic but she died on the way.
According to the post mortem report, pathologists concluded that the cause of death was due to brain haemorrhage, multiple injuries and assault.
Dube through his lawyer Tonderai Mukuku of Marondedze and Mukuku legal practitioners said it was not his intention to kill, but had negligently caused his mother's death.
In mitigation, Ndlovu pleaded for leniency saying he was being tormented by his mother's spirit in prison.
He said at the time of committing the crime, he was drunk.
Dube told the court that he is also a breadwinner looking after his wife and four minor children.
Bulawayo High Court judge Justice Nokuthula Moyo who is on circuit in Hwange on Thursday convicted Solomon Dube (45) of Lubimbi Village of culpable homicide for causing the death of his mother Esica Dube six months ago.
Dube who was facing a murder charge, was convicted of a lesser charge of culpable homicide.
In passing sentence, Justice Moyo said Dube's conduct was deplorable and taboo in African society.
"What is aggravating is that you chose to assault your mother instead of showing respect. Although you were provoked by your mother's conduct when she took the cattle that you inherited from your late father and gave them to your sister, your actions cannot be condoned. In fact, you should have sought dialogue with your mother or elders rather than resort to violence," said Justice Moyo.
The judge said the courts had a duty to uphold the sanctity of human life.
"It is an act of abomination and taboo in our African society to assault a parent or your elders. The courts are inundated with cases of domestic violence where life is unnecessarily lost. Beer drinking should not be an excuse to engage in violence," said Justice Moyo.
Prosecuting, Namatirai Ngwasha said on May 31 this year at about 7pm, Dube was seated in his bedroom hut with his son shortly after returning from a beer drink when his mother arrived at his home. The court heard that Dube's mother enquired from Dube's son about the whereabouts of her cattle.
"While talking to her grandson, Dube sprang from his chair and confronted his mother accusing her of taking his cattle and giving them to his sister," said Ngwasha.
In a fit of rage, Dube who was drunk, grabbed his mother's walking stick and used it to strike her several times in the head, face and chest. She cried for help and Dube fled from the scene leaving the woman lying on the floor writhing in pain.
Neighbours rushed her to Lubimbi Clinic but she died on the way.
According to the post mortem report, pathologists concluded that the cause of death was due to brain haemorrhage, multiple injuries and assault.
Dube through his lawyer Tonderai Mukuku of Marondedze and Mukuku legal practitioners said it was not his intention to kill, but had negligently caused his mother's death.
In mitigation, Ndlovu pleaded for leniency saying he was being tormented by his mother's spirit in prison.
He said at the time of committing the crime, he was drunk.
Dube told the court that he is also a breadwinner looking after his wife and four minor children.
Source - the herald
