HB 058-18 THE STATE versus LESLEY MPAMBA

THE STATE

versus

LESLEY MPAMBA

 

 

HIGH COURT OF ZIMBABWE

MATHONSI J

BULAWAYO 27 FEBRUARY 2018

 

 

Ms N Ndlovu for the state

R Dzete for the accused person

 

 

            MATHONSI J:          The accused was initially jointly charged with Thathindaba Ndlovu who is at large and has had a warrant of arrest issued against him after he skipped bail.  He has been arraigned before this court charged with murder as defined in section 47 (1) of the Criminal Law [Codification and Reform]Act [Chapter 9:23] it being alleged that he and his co-accused who is at large assaulted the deceased Bongani Ncube using clenched fists, a log and a rock all over the body on the night of 29 February 2016 along Falcon-Sacred Heart Road resulting in his death.

            The accused pleaded not guilty to the charge of murder but tendered a plea of guilty to the lessor charge of culpable homicide.  The state graciously accepted the limited plea.  Accordingly the matter is now proceeding by consent of the parties in terms of a statement of agreed facts.  The agreed facts are that at the time of the offence the accused was 21 years old while the deceased was 45 years old residing at Plot 4, Longridge Esigodini.  Both of them were employed at Eureka MAT Mine in Esigodini where the deceased was a mine supervisor.

            At about 0100 hours on 29 February 2016 the accused, his co-accused and others who included the deceased were coming from a beer drink at Falcon Compound Bar walking along Falcon-Sacred Heart Mission gravel road.  After the deceased rebuked the accused for demanding payment of a debt from Mthandazo Ndlovu, a misunderstanding ensued between them during which they exchanged blows.  Although the fight ended, the accused and his co-accused later assaulted the deceased again with clenched fists, and booted feet all over the body.  The accused broke off a branch from a jacaranda tree with a length of 1,23m and weight of 

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