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Mashudu Netsianda Senior Court Reporter
A Bulawayo man who fatally stabbed a fellow imbiber in 1999 and fled to South Africa was yesterday sentenced to life imprisonment following his arrest 14 years after committing the crime following his decision to return home for the festive season.Gift Mutenga, 40, of Njube suburb, who was holed up in South Africa evading arrest after committing the murder, was convicted of murder with actual intent by Bulawayo High Court judge Justice Andrew Mutema.

Justice Mutema said although the extenuating circumstance was that Mutenga, who is HIV positive, was intoxicated on the day he committed the crime, he had an intention to kill Nkosilathi Ndlovu due to the severe force he used in stabbing the victim.

“The court finds intoxicating as an extenuating circumstance but it is quite clear from the stab wounds inflicted on the victim that he had an intention to kill Ndlovu. Mutenga deliberately aimed the chest and pierced through the victim’s heart, which is a very sensitive part of the body,” he said.

Justice Mutema said the availability of evidence as to whether Mutenga had intention to kill is clearly manifested in the post mortem report, showing that the heart was stabbed resulting in haemorrhagic shock.

“The court should not lose sight of the loss of life. We need to emphasise the importance of human life. The courts are really worried about the rise in knife murder cases especially in this part of the country where people are allowed to enter nightclubs carrying knives and other dangerous weapons.”

The judge said Mutenga did not show remorse.

“The nature of the injuries was severe. Surely if Mutenga had conscience he wouldn’t have killed the victim in the manner that he did. You are a social misfit who has no regard for human life. Despite your HIV status you should be eliminated from society and accordingly a life imprisonment is the most appropriate sentence,” ruled Justice Mutema.

In mitigation, through his lawyer, Miriro Furusa, pleaded for leniency, arguing that he was terminally ill and on antiretroviral medication.

Prosecuting, Whisper Mabhaudhi told the court that on December 12, 1999, Ndlovu was drinking beer at Zothile Night Club in Bulawayo’s Entumbane suburb where his wife used to work.

At around midnight, Mutenga and Ndlovu picked up a nasty argument over a matter that was not stated in court because Mutenga chose to exercise his right to silence during trial.

Later on after the argument, Ndlovu decided to go home alone. Mutenga was still angry over their altercation and followed Ndlovu whom he quickly caught up with.

He stabbed him twice on the chest using an Okapi knife before fleeing from the scene, the court was told.

Ndlovu died before the arrival of an ambulance.

“When Mutenga learnt of the news that his victim had died due to the assault, he immediately crossed the border into South Africa where he has been living for the past 14 years.”

During police investigations, a knife which was used in committing the crime was found in Mutenga’s house. Fourteen years later, a few days before Christmas day, Mutenga was arrested by police acting on a tip-off.