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Auxilia Katongomara, Chronicle Reporter
A NKAYI man who was sentenced to death for fatally stabbing his wife with a spear had his appeal against the sentence referred to the Constitutional Court by the Supreme Court.

Jephias Mangisi, 37, was sentenced to death by Bulawayo High Court judge Justice Nokuthula Moyo on March 12 last year.

On Monday, Supreme Court judges Elizabeth Gwaunza, Ben Hlatshwayo and Susan Mavangira said the appeal was a constitutional matter and referred it to the apex court.

“It’s ordered that the following issues be referred to the Constitutional Court in terms of Section 175(4) of the Constitution of Zimbabwe; whether or not the court a quo erred in passing the death penalty in the absence of law authorising its imposition,” ruled Justice Gwaunza.Mangisi, in his heads of argument through his pro-deo lawyer Bruce Masamvu, said he conceded that the conviction was proper but the court had no jurisdiction to confirm the death sentence imposed on him.

“Section 48 of the constitution which guarantees the right to life provides that the court may impose a death sentence for murder committed in aggravating circumstances.

“This is apparently at odds with Section 337 of the Criminal and Procedure and Evidence Act which provides that the court shall impose the death sentence where there are no extenuating circumstances,” said Mangisi.

He said that there was an apparent conflict of laws which need determination by the Constitutional Court.

“I humbly submit that this Honourable Court is not at large to confirm the sentence imposed on me while the highest court in the land is yet to make a determination on the legality and constitutionality of the death sentence.

“I pray that the matter be referred to the Constitutional Court to determine the constitutionality of the sentence imposed by the High Court,” said Mangisi.

Whisper Mabhaudi, prosecuting, argued that the death sentence imposed on Mangisi was correct.The court heard that on December 11, 2012,

Mangisi stormed his in-laws’ homestead in Sibangani village at around 9PM armed with a spear and hammer.

He proceeded to the hut where his wife was sleeping where he forcibly opened the door.

The two had a heated argument as he was accusing her of infidelity. As the altercation continued, Mangisi struck her twice with a claw hammer on the lower side of the right ear.

He later drew the spear and stabbed her once on the lower part of the left breast, killing her instantly. After killing her, Mangisi fled.

He met his mother-in-law, Milia Ncube, whom he hit with the hammer once on the right shoulder and once on the right arm.