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Mashudu Netsianda Senior Court Reporter
A MAN from Filabusi who killed his cousin by striking him with a knobkerrie on the head following an argument over the dollar-rand exchange rate, was yesterday sentenced to an effective 14 years in jail.

Bulawayo High Court judge Justice Lawrence Kamocha convicted Lenin Mhlophe, 23, of Sibantubanye Village of murder with constructive intent.

Mhlophe, who was initially facing a charge of murder with actual intent, pleaded not guilty to the charge tendering a limited plea of culpable homicide.

He killed his cousin, Mmeli Tshili, 21, last year on July 1.

In his ruling, Justice Kamocha concurred with both state and defence counsels that there were no aggravating circumstances.

He said the fact that Mhlophe used a lethal weapon targeting a vulnerable part of the body was enough testimony that he knew it was likely to cause the death of Tshili.

“The blow was aimed at the head, a vulnerable part of the body and severe force was used in the attack. Mhlophe used a dangerous weapon in delivering the blows which subsequently caused the death of his cousin. Accordingly, we find you guilty of murder with constructive intent,” said the judge.

Justice Kamocha expressed concern at the increase in violence perpetrated by youths during beer drinking parties.

“You killed your cousin over a dollar which was not worth losing a life for. It’s the age group of between 19 and 30 years that is causing untold suffering at beer halls. The group resorts to using dangerous weapons at the slightest provocation and the courts should send a loud and clear message to society that such unruly behaviour cannot be condoned.

“Such offenders should be adequately punished and the justice of this matter will be met by a sentence of 14 years in jail,” he ruled.

Prosecuting, Nokuthaba Ngwenya said on July 1 last year shortly after 8.30PM, Mhlophe and Tshili were watching a Fifa World Cup soccer match on television at Mphehlane Nightclub at Vocola Business centre in Filabusi, Insiza District.

The court heard that the two cousins then decided to go outside to play snooker while listening to music which was being played at the bar from Mhlophe’s cellphone memory card.

Tshili expressed interest in the music and he subsequently offered to buy the memory card from Mhlophe.

“Tshili bought the cellphone memory card from Mhlophe for $6 and expected to get $4 change from R100,” said Ngwenya.

A scuffle arose when Mhlophe gave him $3 only, indicating that the exchange rate for United States dollar and the South African Rand was not 1:10 as he claimed.

The court heard that Tshili insisted that he was right and demanded a $1 shortfall and Mhlophe became angry.

Mhlophe then went back to the nightclub and fished out a knobkerrie.

“Mhlophe then took his knobkerrie and hit Tshili on the head once and he fell to the ground. Mhlope then took to his heels leaving his cousin lying unconscious,” said Ngwenya.

Tshili’s uncle, Majaha Masuku tried to render first aid before his nephew was rushed to Filabusi Hospital where he was referred to United Bulawayo Hospitals.

The court heard that soon after committing the crime, Mhlophe picked up his bicycle and disappeared into the dark leaving his cousin lying unconscious and bleeding from the nose and head.

Tshili’s condition deteriorated resulting in his death two days later.

According to the postmortem report, the cause of death was intracranial haemorrhage, depressed skull fracture and blunt force trauma.

In mitigation through his pro deo lawyer, Caroline Mudenda, Mhlophe pleaded for leniency, saying he was a youthful offender who was driven by a lack of maturity when he committed the crime.