Axe rampage killer jailed 10 years for homicide

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Thandeka Moyo, Court Reporter
An axe-wielding illegal miner who struck two brothers early this year, killing one in the process has been sentenced to 10 years in jail after the High Court found him guilty of culpable homicide and assault.

Obani Magiya (30) attacked the two Ndlovu brothers on April 18 this year.

One of the brothers, Admire Ndlovu who was aged 22 then died while the other sibling Privilege, whose age was not stated, sustained serious injuries after he was also struck twice on the head.

Magiya and the two brothers were workmates at Mfazimiti Mine, Nkenyani, near Bulawayo.

Bulawayo High Court Judge Justice Francis Bere convicted Magiya, who was initially facing murder and attempted murder charges of culpable homicide and assault.

He said Magiya will serve his prison term for both counts concurrently.

“For the first count which is culpable homicide, accused is sentenced to 10 years imprisonment of which three years is suspended on condition of good behaviour. Accused will serve two years imprisonment for assault and his sentence will run concurrently,” said Justice Bere.

Magiya’s lawyer Mr Maqhawe Mpofu from Samp Mlaudzi and Partners said his client axed the two brothers after he was provoked.

He said Magiya was assaulted by the two brothers following a misunderstanding, which was not stated, and he ended up retaliating.

“My client, a first offender acted out of provocation, frustration and pain which was induced by the deceased after he was hit at the back by the deceased.

The crime committed by the accused was a result of a series of wanton attacks by the deceased and his brother Privilege Ndlovu,” said Mr Mpofu in mitigation.

The State’s case as presented by prosecutor, Mr Trust Muduma is that on April 18, Magiya had a misunderstanding over an undisclosed matter with the two brothers resulting in a fight.

He lost the fight and ran away. The following day at around 3AM, Magiya armed himself with an axe and went to the tent where Admire and his brother were sleeping.

“Magiya struck Admire three times with the back of the axe on the head and attacked Privilege two times on the forehead before escaping.

“An ambulance was called and Admire died on his way to Mpilo Central Hospital, while Privilege sustained a deep cut on the forehead,” said Mr Muduma. — @thamamoe

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