A Bulawayo judge has handed down a death penalty to two men who brutally murdered a school teacher in the school yard.
The two men are from Madlambudzi area of Bulilima district about 90 miles south of Bulawayo. They are accused of fatally stabbing schoolteacher Mr Clever Ngwenya (38) who disturbed them after they broke into the administration block recently.
Enock Ncube (35) and George Moyo (25) had pleaded not guilty to the murder of Mr Ngwenya but were convicted of murder with constructive intent by senior Bulawayo High Court judge, Justice Maphios Cheda sitting with Mrs Isabel Mashengele and Mr Patrick Hikwa as assessors.
Justice Cheda found no extenuating circumstances in their favour after it ruled out that they were sober and it was clear they had planned to go and break into the school administration block and steal and that they armed themselves with housebreaking tools in addition to knives in case they met resistance.
“Resistance came and one of the knives was used to commit the murder. None of the defence counsels has raised the finding that the conviction was an extenuation but constructive intention alone cannot raise extenuating circumstances,” said Justice Cheda before ruling that there were no extenuating circumstances.
The pair’s pro deo lawyers, Miss Sithulisile Mkwananzi, of Joel Pincus, Konson and Wolhuter for Ncube and Mr Tanaka Muganhu, of Dube-Banda, Nzarayapenga and Partners for Moyo had argued that there were extenuating circumstances in that their clients did not pre-plan the murder.
Miss Mkwananzi submitted that her client resorted to stabbing in self-defence after Mr Ngwenya had struck him twice and was chasing him holding a big axe.
Mr Muganhu submitted that his client’s moral blameworthiness was reduced by the fact that he took a different direction from the scene where the stabbing took place.
Mr Whisper Mabaudi of the Attorney General’s Office submitted that there were no extenuating circumstances given the fact that the murder was committed during the course of housebreaking with intent to steal.
He said this was just as good as murder committed during the course of a robbery where decided cases have shown that the only appropriate sentence is the death penalty.
Asked if they had any reason why the death sentence should not be passed on them, they both gave personal circumstances that included being the sole breadwinners of the families.
Ncube said he was ill and on ARV treatment.
On 23 June 2006 at about 11pm, Ncube and Moyo went to Phakama Secondary School in Madlambudzi with the intention of stealing.
The court heard that they armed themselves with Okapi knives, a screwdriver and also carried a box of matches.
They broke into the administration block by forcing open a locked door and used the matches to light so that they could get what they wanted and load it into their bag.
Mr Ngwenya, who was arriving at the school, spotted the pair and quickly rushed to the quarters where he alerted Mr Bakani Nduna Ndlovu who was also a teacher at the school.
Mr Ngwenya armed himself with an axe and went to investigate and Mr Ndlovu followed him.
On arrival at the administration block, Mr Ngwenya ordered the pair to surrender.
Ncube bolted out of the administration block while carrying the bag with the stolen property.
Mr Ngwenya gave chase and managed to catch up with Ncube and in the process Ncube dropped the bag and continued running.
Mr Ngwenya gave chase and caught up with Ncube after about 100 metres and in an effort to free himself he removed his leather jacket and escaped.
Mr Ngwenya continued to give chase and when he caught up with Ncube, Ncube drew his Okapi knife and stabbed him once in the lower abdomen and he fell down and died on the spot.
Moyo bolted from the scene in his own direction and managed to outpace Mr Ndlovu.
According to the post-mortem report, Mr Ngwenya died of haemorrhagic shock as a result of intra abdominal bleeding as a result of the stab wound.
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written by Nswabanda, October 22, 2009
Ever Noticed kuti Ryton, Chinotimba na Julius Malema (SA) vanenge vana vemunhu mumwe? They are all clueless and cannot think straight!
written by MAIDEI, October 21, 2009
written by Tough one!, October 21, 2009
Your headline seems to suggest they have already been hanged! They were handed the death penalty sir!
written by Ryton Dzimiri, October 21, 2009
Denounce violence where ever you see it. Bayolengiswa nguBOBO for stealing, l bet you, things worth less than £10.
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LOL!!!