Mashudu Netsianda Senior Court Reporter
A JUDGE described two Esigodini men who were part of a gang that teamed up and stoned their neighbour to death as his son watched helplessly, as pathological liars, before sentencing them to an effective 15 years in jail.

Bulawayo High Court judge Justice Nokuthula Moyo convicted Nobert Nsingo, 27, and Nkosikhona Mpofu, 21, both of Mbizingwe Village under Chief Gwebu, of murder with constructive intent in connection with the death of Solomon Ndlovu, 59, two years ago.

Justice Moyo, in her judgment delivered last Friday, ruled that Nsingo and Mpofu were terrible liars whose testimonies could not be relied upon.

“A concocted story always falls apart. Nsingo and Mpofu acted in common purpose together with three accomplices who are still at large and relentlessly and indiscriminately assaulted a defenceless old man who was lying on the ground pleading with them to spare his life,” said Justice Moyo.

The judge said although the two men tried to distance themselves from the crime, the evidence by the two key state witnesses proved that they participated in killing Ndlovu.Justice Moyo said the courts had a duty to uphold the sanctity of human life through meting out harsh sentences.

“The court has to emphasise the sanctity of human life and indeed disapproves of the unnecessary loss of life through any form of violence. Such conduct should be condemned in the strongest manner. Drinking beer shouldn’t be an excuse for committing a crime and the justice of the matter will be met by a 15 year jail term,” ruled the judge.

Prosecuting, Angeline Munyeriwa said on June 23, 2013, shortly before 8PM, Ndlovu’s son, Lancelot was sent by his mother to Mbizingwe Business Centre to collect some money from a local shop owner who owed her. The court heard that Lancelot asked his friend, Pilate Dube, to accompany him. Soon after Lancelot was given the money they decided to pass through Ndwangu’s bottle store where Pilate wanted to buy a cigarette.

“While inside the bottle store, Lancelot had an altercation with Nsingo and Mpofu. Nsingo removed Lancelot’s cap before slapping him on the face and kicking him on the mouth,” said Munyeriwa.

Lancelot and Pilate left the pub and went home. On arrival Lancelot discovered that the money that he had been given at the business centre was missing from his pocket and he informed his father.

Ndlovu in the company of his son and Pilate proceeded to the shops intending to enquire about the missing money from the owner of the bottle store.

“When they got to the business centre, Ndlovu tapped on the window of the bottle store as he called out Ndwangu’s name, asking him to come out and discuss the issue of the missing money with him,” said Munyeriwa.

The court heard that while the two men were talking, Tshwapo Sibanda came out of one of the shops and fired a stone at them with a catapult. The missile missed Ndlovu and hit Pilate. Sensing danger, Ndlovu, Lancelot and Pilate took to their heels. Ndlovu fled towards his home with Sibanda, Nsingo, Mpofu, Thembinkosi Moyo and Ndumiso Dlamini chasing after him.They caught up with him and pushed him to the ground.

The court heard the gang picked stones and started hitting Ndlovu as he lay helplessly on the ground. They only stopped assaulting him after he had lost consciousness. Lancelot, who was watching from a distance, later came and took his father to a local clinic. He was transferred to the United Bulawayo Hospitals the following day where he died hours later.

According to the post mortem report, Ndlovu died from head injuries, lineal skull fracture, blunt force trauma and homicide.

In mitigation, Nsingo, through his lawyer Solomon Mguni of Dube, Mguni and Dube Legal Practitioners, pleaded for leniency, saying he was a sole bread winner looking after two minor children. He said he was intoxicated at the time of committing the offence.

Mpofu, who was represented by Stephen Collier of Webb, Low and Barry Partners, also blamed alcohol for his actions. He pleaded for mercy, saying he lacked maturity at the time of committing the crime.

 

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