Zimpapers Logo

Mashudu Netsianda  Senior Court Reporter
A MAN who barged into a bar discussion over a $2 debt was killed for “interfering”, a court heard.
Abel Nkomo, 51, of no fixed abode, was furious after Welcome Tshuma, 24, stormed in as he was demanding his money from Nkosinomusa Ndlovu, a cigarette vendor at MaDlodlo Beer Garden in Bulawayo.

Nkomo yesterday  escaped capital punishment and  was sentenced to 30 years after Bulawayo High Court Judge, Justice Nokuthula Moyo, convicted him of murder with actual intent.

The judge said she took into account that he was intoxicated at the time of the attack as an extenuating circumstance.

Ndlovu told the Bulawayo High Court on Tuesday that Nkomo approached her while she was at her mother’s kitchen at MaDlodlo at around 5PM on June 28 last year, demanding $2 which she owed him.

“I told him that I didn’t have the money and promised to give him later in the evening after selling my wares. Tshuma stormed into the kitchen and interjected in our discussion, which angered Nkomo,” she said.

Nkomo, the court heard, then pushed Tshuma to the ground accusing him of “interference”, resulting in a fight.

Ndlovu said later in the evening, she saw Nkomo chasing after Tshuma.

“Nkomo caught up with him after he fell down. He assaulted him and there was blood all over his head,” she said.

Other bar patrons raced to restrain Nkomo.

Nokuthaba Ngwenya, prosecuting, said Tshuma had been stabbed in the head with an Okapi knife.

He died at Mpilo Central Hospital four days later. A postmortem report showed he died as a result of brain haemorrhage and head injuries.

Gift Nyathi, defending, said Nkomo assaulted Tshuma in self-defence after he provoked him.

“He admits that he inflicted injury on Tshuma as they were fighting and this was after he interfered in his conversation with Ndlovu. He also insulted Nkomo who felt provoked. Nkomo was also drunk and his reasoning capacity had been impaired,” the lawyer said.

Justice Moyo queried Nkomo’s testimony, saying it lacked credibility.

She described Nkomo’s version as “hogwash” and full of inconsistencies.

“Nkomo’s evidence was fraught with inconsistencies and the court could not make head or tail of it. His evidence in court contradicted with what he stated in his warned and cautioned statement, hence it cannot be relied upon as the court failed to comprehend his version of the story.

“The only prudent thing is for this court to throw the evidence away as hogwash and accept Nkosinomusa Ndlovu’s testimony, which in my view was credible, fair and reliable,” said Justice Moyo.

The judge bemoaned the fact that most of the murder cases in the country were committed over petty issues.

“The courts bemoan the unnecessary loss of human life over petty issues and society has to be conscientised on the sanctity of human life through passing deterrent sentences.

“The courts want to register displeasure at such conduct and you are accordingly sentenced to an effective 30 years in jail,” said Justice Moyo.
Ndlovu was the only State witness who testified in court.