THE STATE

versus

NQOBANI NXUMALO

HIGH COURT OF ZIMBABWE

MOYO J

BULAWAYO 6 AND 7 MARCH 2018

Criminal Trial

T Hove for the state

Mrs B Mushaninga for the accused person

            MOYO J:       The accused person faces a charge of murder, it being alleged that on 25 November 2017, at Esigodini, he stabbed the deceased Mthulisi Ncube resulting in the deceased’s death later at Esigodini Hospital from the assault.

            Documentary exhibits were tendered in the form of the state summary, defence outline, affidavit of the police officer who identified deceased’s body to the pathologist, accused’s confirmed warned and cautioned statement, and the post mortem report.  They were all duly marked.

            The facts of the matter are fairly straightforward, this is one of the cases where patrons instead of drinking beer they venture into violent behaviour that results in the death of one of them.  The state called Babongile Khumalo, Ignatius Ncube and Tichaona Gwatiringa to give viva voce evidence on its behalf.  The accused person gave evidence on his own behalf.  The evidence of Nqobizitha Ncube, Casto M Sibanda, Nicodemus Chaneta and Dr S Pesanai was admitted into the court record in terms of section 314 of the Criminal procedure and Evidence Act [Chapter 9:07].

            According to the state case, Ignatius Ncube stood outside the bar talking to Babongile Khumalo about his missing cellphone.  Accused came and enquired as to whether anything was wrong.  Accused struck the ground with his okapi knife swearing at Babongile Khumalo that he would kill someone.   Ignatius thought accused was being hostile to Babongile and he explained