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Mashudu Netsianda Senior Court Reporter
A FILABUSI mine worker who crushed his workmate to death with a 5kg boulder during a heated dispute over torch batteries, was yesterday sentenced to 15 years in jail.

Bulawayo High Court judge Justice Nokuthula Moyo convicted Doit Ndlovu, 28, of Filabusi Kiosk Compound on a lesser charge of culpable homicide after concurring with both state and defence counsels that it was not Ndlovu’s intention to kill Frank Victim Manjokota, 29.

Ndlovu, who was initially facing a murder charge, had pleaded not guilty to the charge and tendered a limited plea of guilty to culpable homicide.

In her judgment, Justice Moyo concluded that Ndlovu was intoxicated at the time of committing the crime.

She, however, said the courts had a duty to uphold the sanctity of life.

“In arriving at the appropriate sentence, the court took into account the fact that Ndlovu was intoxicated at the time of committing the crime. However, it should be noted that a life was unnecessarily lost over a trivial issue. No amount of misunderstanding warrants violence and it’s high time the courts frowned on such actions,” said Justice Moyo.

In passing sentence, the judge said the courts had a duty to send a message to society that they did not condone violence through passing harsh sentences.

“This court takes it upon itself to send a clear message that it’s important to uphold the sanctity of human life regardless of whether people are intoxicated or sober. Looking at the size of the stone (weighing 5kg) which was used, it’s clearly a bad and deplorable case of culpable homicide that should be condemned in the strongest manner. A substantial custodial sentence of an effective 15 years in jail will meet the justice of the case,” ruled Justice Moyo.

Prosecuting, Thompson Hove said on July 25, 2014, Ndlovu, Manjokota and their colleague, Solomon Ncube, were drinking beer together at Filabusi Kiosk at around 1PM. The court heard that after the drink, Ndlovu bought batteries for his torch and put them in his pocket and the trio left the kiosk for their respective homes.

Along the way a misunderstanding arose between Ndlovu and Manjokota over the batteries. The court heard that Manjokota had taken the batteries that were bought by Ndlovu.

The dispute degenerated into a fight. Ndlovu armed himself with an iron bar intending to strike Manjokota, but Ncube managed to snatch it. Ncube’s efforts to restrain his colleagues were futile and he then left them to seek assistance from other people.

The court heard that Ndlovu managed to overpower Manjokota before he picked up a stone and pounded his colleague three times on the head. Manjokota collapsed and died instantly.

“Ndlovu left the scene and walked a few metres to a nearby bush where he took a nap in a drunken stupor,” said Hove.

Ncube later returned with workmates and they effected a citizen’s arrest and handed Ndlovu over to the police.

According to a post-mortem report, the cause of Ndlovu’s death is skull fracture, massive subarachnoid haemorrhage and homicide.

Ndlovu, through his lawyer, Bruce Masamvu pleaded for leniency, saying he was a sole breadwinner looking after his minor child.