SUPREME COURT OF ZIMBABWE
ZIYAMBI JA, GARWE JA & HLATSHWAYO JA
BULAWAYO, MAY 5 & 8, 2014
S Muguni, for the appellant
N Ngwenya, for the respondent
ZIYAMBI JA: The appellant was charged with the murder, on 10 August 2012, at Village Dzvaka, Chief Chireya, in the Midlands Province, of his brother one Felix Masarakufa. At the time of his death the deceased was aged twenty-eight years, and the appellant, forty-one years. The court a quo, after a full trial, found the appellant guilty as charged and, no extenuating circumstances having been found, imposed the death sentence. Against this sentence the appellant now appeals.
The facts are largely common cause. The deceased was the appellant’s younger brother. He operated a grinding mill, and, two weeks before this incident, had sold his cotton for which he had been paid US$1800. He was known to carry large sums of money in two wallets which he kept on his person. The appellant was aware of this.
On the fateful day, the appellant went to the deceased’s homestead to request the latter’s assistance in making contour ridges at his field. The deceased stated that he was unwell whereupon the appellant went away and returned with herbs using which he prepared a concoction and gave the deceased to drink. After taking the concoction the deceased announced that he was feeling better and they left together for the appellant’s field. The appellant was carrying an implement known as a w-bar (used for digging), a mattock, an axe and a shovel.