THE STATE

versus

THOBEKILE MATHE

HIGH COURT OF ZIMBABWE

MOYO J

GWERU 5 FEBRUARY 2018

Criminal Trial

M Shumba for the state

W Mehlo for the accused

            MOYO J:       The accused person faces a charge of murder, it being alleged that on 25 September 2009, she stabbed her half-brother with a knife resulting in his death from the injuries sustained therein.  The accused person pleaded not guilty to this charge, but instead tendered a limited plea to the charge of culpable homicide.  The state counsel accepted this limited plea and rightly so.  A statement of agreed facts prepared and signed by both parties was then tendered and marked exhibit 1.

            The post mortem report was also tendered and marked exhibit 2.  It gives the cause of death as hypovolemic shock due to bleeding from the wound.  The kitchen knife that was allegedly used in the attack was tendered and marked exhibit 3. 

            The statement of agreed facts reads as follows:

1.         Thobekile Mathe (hereinafter called the accused) resides in Warikanda Village, Chief Nemangwe in Gokwe District, and is employed as a church secretary.  She was 24 years old at the material time.

2.         Gilbert Dube (hereinafter referred to as the deceased) resided in Dibha Village, Chief Nemangwe in Gokwe District during his lifetime and was not employed.

3.         The deceased was the accused’s half brother in that they are born of the same mother but different fathers.