19 years jail for dad who armed  son for murder

Fairness Moyana Hwange Court Correspondent
A MAN from Nkayi armed his son with an Okapi knife which the 20-year-old used to stab two brothers, killing one in the process.

The father and son, appearing before a Bulawayo High Court judge in Hwange, were each jailed for 19 years for the fatal assault and attempted murder that occurred on Christmas Day last year.

Kenneth Moyo (55), a court heard last week, was angry when his son Melusi (20) and his gang lost a fight over spilt beer to Sidingani Ndlovu and his younger brother, Mgcini Moyo.

He gave his son the knife and Melusi ran after the brothers.

He stabbed both of them and Ndlovu died on the spot, from a perforated heart.

Justice Nicholas Mathonsi on circuit in Hwange said:

“One runs out of superlatives to describe the acts of this man and his son. In fact when a father and son become a tag team not only in drinking beer but to the extent of handing each other a knife to kill, it’s taboo and unacceptable in our society. How can we have a society that has fathers who arm their children? Surely there’s a line that should be drawn.

“It’s unacceptable and can’t be condoned. The courts have the responsibility of correcting the wrongs and we can only do that through passing stiff sentences that serve as a warning to would-be offenders.”

The judge found the two guilty of murder with constructive intent and sentenced each of them to 17 years. On the second count of attempted murder, the judge convicted them of a lesser charge of assault and sentenced both to two years imprisonment, conditionally suspending one year.

Justice Mathonsi said Kenneth shared equal responsibility for the death with his son.

The court heard that Kenneth and his son were drinking beer at Jabulani Sibanda’s homestead with Ndlovu and his younger brother Moyo.

One of the brothers accidentally kicked a calabash containing beer that Melusi had bought.

Melusi ganged up with others – who were not named in court- and beat Moyo up.

“Realising that his younger brother was in trouble, deceased joined in the fight in a bid to defend him,” said Miss Namatirai Ngwashe, prosecuting.

“The brothers left the homestead after winning the fight. Moyo was heard expressing his disappointment at how his son and his gang had been subdued by Moyo and Ndlovu. He pulled out an Okapi knife and handed it to Melusi.”

“Melusi ran after the pair and caught up with them.

“He attacked Mgcini who he cut across the forehead with the knife, leaving him on the ground. He gave chase to deceased whom he tripped to the ground. He stabbed him once on the forehead and chest perforating his heart in the process before fleeing into the night.”

In his defence, Melusi through his lawyer Mr David Mashindi said he was provoked and was merely defending himself after Moyo attacked him.

He said his father was not involved in the altercation.

Kenneth denied handing his son a knife arguing that he was not carrying one at the time of the incident.

He was represented by Mr Givemore Muvhiringi.

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