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Mashudu Netsianda, Senior Court Reporter
A MAN from Matobo, who fatally struck his girlfriend’s three-year-old son with an iron rod and nearly killed his six months pregnant lover with the same weapon, was yesterday sentenced to an effective 20 years in jail.

Costa Maphosa (37) first attacked Ms Nontokozo Ndlovu and her son with stones at her workplace at Fantasy Mine in Mayobodo, Mangwe District after the woman refused to cook some fish which he had brought.

Maphosa then obtained an iron rod and force marched them to a bushy area where he repeatedly attacked both with the weapon, leading to the boy’s death.

Ms Ndlovu sustained severe injuries and had to be rushed to the United Bulawayo Hospitals (UBH).

Maphosa was convicted of murder with constructive intent and attempted murder by Bulawayo High Court judge Justice Nokuthula Moyo.

In passing the sentence, Justice Moyo condemned Maphosa’s conduct, saying the courts have a duty to protect the sanctity of life through imposing harsh sentences.

“The accused person started from a deep end by committing two very serious offences and his conduct is unacceptable in our society. You assaulted your girlfriend who was not even your wife for refusing to cook fish for you instead of respecting her wish mindful of the fact that she is not your slave,” said the judge.

She expressed concern over an upsurge in domestic violence related murder cases.

“Domestic violence is now a cancer in our society which in some cases results in loss of life. The courts frown upon any form of violence and the public will lose confidence in our courts if we trivialise such offences hence a deterrent sentence is called for,” ruled Justice Moyo.

Prosecuting, Mr Kudakwashe Jaravaza said on July 28 in 2016 at around 9PM, Maphosa went to Ms Ndlovu’s workplace carrying fish.

He then ordered his girlfriend to cook the fish but she refused resulting in a misunderstanding.

Maphosa started pelting his girlfriend, who was six months pregnant, and her three year old son with stones.

The court heard that Maphosa then force marched his girlfriend who was carrying her baby on her back to a bushy area where they spent the night.

At one time, Maphosa wanted to strike the woman with the iron rod, but missed and hit the minor.

“The following day at around 6AM, the accused person and Ms Ndlovu proceeded to Ngulubeni village. On their way, Maphosa struck Ms Ndlovu several times on the head and she fell down resulting in her son also falling off her back,” said Mr Jaravaza.

He said both the woman and her son lost consciousness.

Maphosa fled from the scene leaving his two victims lying in pools of blood.

The following day Ms Ndlovu’s workmate, Mr Godfrey Makaya noticed that she had not reported for duty and he informed their employer, Ms Thokoza Siziba.

A report of missing persons was made to the police who conducted a search leading to the discovery of Ms Ndlovu and her son lying unconscious.

They were taken to Brunapeg Mission Hospital where Mqondisi was pronounced dead upon arrival while Ms Ndlovu was referred to UBH.

Maphosa was later arrested and he led police to the scene of the crime for indications.

The murder weapons were recovered at the scene. According to the post mortem, the cause of Mqondisi’s death is due to severe cerebral damage, skull bone fracture and severe head trauma.

In his defence, Maphosa through his lawyer, Ms Anna Kunda of Dube and Associates, said it was not his intention to kill Mqondisi.

He argued that his target was Ms Ndlovu whom he missed resulting in him striking her son.

“While admitting assaulting the deceased, the accused person did not formulate the intention to either attack or kill him. He was only trying to assault his mother and at point his actions led to the fatal attack of her son,” argued Ms Kunda.

— @mashnets.