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Mashudu Netsianda Senior Court Reporter
A GWANDA man, who was jailed for 33 years after killing his girlfriend’s father by slitting his throat, is challenging his conviction and sentence. Forward Maphala, 30, of Sukwi village who was last month convicted of murder by Bulawayo High Court judge Lawrence Kamocha for killing Sarayi Ndlovu, 40, this week filed an application for leave to appeal at the Supreme Court.

Justice Kamocha’s ruling drew the ire of Maphala’s lawyer, Samp Mlaudzi who immediately applied for leave to appeal against both conviction and sentence before the same judge in terms of Order 43 Rule 262 of the High Court Rules.

Maphala’s application at the Supreme Court follows the dismissal of his application by Justice Kamocha. In dismissing the appeal, the judge said Maphala was convicted on the strength of the evidence given in court.

Maphala is seeking an order allowing him to challenge his conviction and sentence at the Supreme Court.

In the papers before the court, Maphala is the appellant while the state was cited as the respondent.

In his grounds of appeal through Mlaudzi, Maphala accuses Justice Kamocha of bias.

Mlaudzi argued that Justice Kamocha in his findings erred in his analysis of the state evidence by concluding that there was an altercation between Maphala and Ndlovu. “The court aquo grossly misdirected itself on a point of fact that the appellant had actual intent of killing Ndlovu while there was no direct evidence led or tendered in support thereof,” said the lawyer.

Mlaudzi said there was no sufficient evidence linking his client to the charge. “The state through the evidence presented to the trial court hasn’t proved its case beyond reasonable doubt because the evidence and only evidence about how Ndlovu met his death as adduced through the one and only witness, Thando Chinangana and her oral evidence differs in material issues,” argued Mlaudzi.

He said the court did not apply its mind to the contradictions of the evidence of Chinangana hence it did not take them into account in reaching the conclusion that Maphala was guilty of murder.

Mlaudzi also accused the judge of inclining himself to the State case.

“The State failed or neglected to avail Maphala’s witness who witnessed Ndlovu fall in his chase of Maphala. The appellant prays firstly that he be granted leave to appeal and secondly for the setting aside of conviction and sentence imposed by the High Court,” he argued.

In handing down the sentence, Justice Kamocha said Maphala was a ruthless man who showed no remorse.

The court heard that on New Year’s Day in 2013 shortly after 11PM, Ndlovu went to Tibeli Business Centre to look for his children who had taken too long to return home.

When Ndlovu arrived at the business centre, he saw his daughter Siyeyisiwe Moyo, 18, being caressed by Maphala.

Ndlovu then rebuked Maphala for displaying disrespect and unbecoming behaviour.

Maphala pretended to apologise while drawing closer to Ndlovu. He produced an Okapi knife and stabbed Ndlovu once in the right side of his neck.

The court heard that Ndlovu bled profusely and died on the spot. Maphala fled from the scene, but was later arrested.