Five years jail for man  who killed friend in fight over remote control batteries

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Mashudu Netsianda, Senior Court Reporter
A MAN from Bulawayo who indiscriminately assaulted his friend before unleashing deadly kicks that led to his death following a quarrel over remote control batteries, was yesterday sentenced to five years in jail.

Nkosilathi Ngwenya (21) of Matsheumhlophe suburb was initially facing a murder charge but Bulawayo High Court judge Justice Maxwell Takuva convicted him of a lesser charge of culpable homicide in connection with the death of Mduduzi Sayi (18) in August 2013.

Ngwenya assaulted Sayi and went on to kick him all over the body resulting in him sustaining injuries that led to his death.

Ngwenya will serve an effective three years in jail after the judge suspended two years for five years on condition that he does not within that period commit a similar offence.

In passing sentence, Justice Takuva condemned acts of violence, saying the courts frowned upon such conduct.

“Accused behaved like a bully on that particular day. His conduct was senseless in the extreme and the reason was petty and intoxication cannot be an excuse for such conduct.

“A young life was needlessly lost and these courts will continue to call upon people, especially youths, to respect the sanctity of human life. The cancer of violence and alcohol abuse is detrimental and youths have become arrogant and bloodthirsty,” he said.

Justice Takuva said the courts had a duty to uphold the sanctity of life through passing deterrent sentences.

“Young people find pleasure in killing others after consuming alcohol. As courts we will be failing our society if we pass lenient sentences. We, however, consider your youthfulness as a mitigatory factor as your conduct depicted immaturity,” said the judge.

Prosecuting, Ms Nokuthaba Ngwenya said on August 24 in 2013 at about 6PM, Sayi arrived home drunk and Ngwenya asked for batteries which he had lent to the deceased.

An altercation ensued over the batteries and degenerated into a fist fight.

Ngwenya, who was also drunk, held the deceased by the neck and punched him on the face and he fell down.

“The accused went on to kick the deceased several times all over the body and he sustained injuries,” said Ms Ngwenya.

She said on 30 August, Sayi was taken to the United Bulawayo Hospital where he was admitted and succumbed to the injuries on the following day.

Postmortem results show that the cause of death was brain abscess.

Ms Nonhlanhla Moyo of Advocate SKM Sibanda and Partners represented Ngwenya.

—@mashnets.

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