THE STATE

versus

MLUNGISI DUBE

HIGH COURT OF ZIMBABWE

MATHONSI J

BULAWAYO 1 MARCH 2018

Criminal Trial

Ms N Ngwenya for the state

Ms L Mguni for the accused

            MATHONSI J:          The accused person is facing a charge of murder as defined in section 47 (1) of the Criminal Law [Codification and Reform] Act [Chapter 9:23].  The allegations are that on 28 January 2012 at Moses Dube’s homestead Mahetshe village in Kezi, he struck the deceased Niko Dube with a knobkerrie several times on the head intending to kill him or realizing the risk or possibility that death may result from his conduct but continuing with it that notwithstanding.  The accused pleaded not guilty to the charge of murder but tendered a limited plea of guilty to culpable homicide which the prosecution has accepted.

            According to the statement of agreed facts filed of record at the time of the commission of the offence the accused person was aged 26 while the deceased, who happened to be his step grandfather, was aged 74 years.  They lived together at Moses Dube’s homestead.  At about 2000 hours on 28 January 2012 the accused arrived home from a beer drink to find that the deceased had a visitor, his brother Zakhewu Dladla.

            As the accused and the deceased shared the same bedroom hut they started having an argument over sleeping arrangements as the deceased wanted to accommodate his visitor.  The harsh exchange of words quickly degenerated into a fight forcing Zakhewu Dladla to leave and sleep in the bush.  Left alone with the accused the deceased is said to have armed himself with a knobkerrie intending to mate his own form of justice on the accused person.  With the obvious benefit of youth fullness, the accused was 48 years his junior, the accused overpowered the deceased whom he disarmed of that knobkerrie.  He used that weapon to strike the deceased