SUPREME COURT OF ZIMBABWE
GWAUNZA JA, PATEL JA & GUVAVA JA
BULAWAYO, NOVEMBER 25 & 26, 2013
Ms S Ngwenya, for the appellant
Mr T Makoni, for the respondent
GWAUNZA JA: The accused, Nkanyezi Moyo, aged forty-six (46) years at the time, appeals against the judgment of the High Court of 17 January 2013, in terms which he was convicted of murder with actual intent, and sentenced to death. The victim was Samson Ndobha Moyo, aged eighty-two (82).
It was alleged that on 6 August 2011, the appellant met the deceased near Moza River in Mangarame area, Tsholotsho. Some words were exchanged between the two over a previous confrontation, resulting in the appellant dispossessing the deceased of the axe he had been carrying and striking him several times on the head and once on the back between the shoulder blades. On realising that his victim had died as a result of the assault, the appellant dragged the body into a nearby bush and buried it in a shallow grave in Moza River. He went on to hide the bloodstained axe and its broken handle as well as the deceased’s right gumboot in an anthill. He then hid the deceased’s left gumboot in a bushy area near Simotsi River, and his bloodstained green tracksuit in Manzanyama River.