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Mashudu Netsianda in Hwange
A MAN from Tsholotsho who punched his neighbour to death following a misunderstanding over a missing pair of underwear and cotton thread, escaped the agony of jail life after he was ordered to perform 630 hours of community service. Bulawayo High Court judge, Justice Nicholas Mathonsi, on circuit in Hwange, convicted Mpikelelo Trust Msebele (36) of Sipepa Village, who was initially facing a murder charge, of a lesser charge of culpable homicide.

He sentenced Msebele to five years in jail and conditionally suspended three years for five years. Justice Mathonsi suspended the remaining two years on condition that Msebele performs 630 hours of community service at Sipepa Police Station starting on July 4.

Msebele fatally assaulted Mlandeli Moyo (28) more than 12 years ago following a dispute over missing underwear and a Zion Church cotton thread. Moyo accused Msebele of stealing the items.

Justice Mathonsi ruled that Msebele’s moral blameworthiness was very low since Moyo was an aggressor. “Accused did the right thing by running away when the fight started. However, since the deceased had armed himself with a catapult and pursued him, Msebele was left with no other option but to fight back,” said the judge.

“Our law allows a person to take reasonable steps to defend themselves against an unlawful attack, but unfortunately accused exceeded the bounds of self defence and fatally assaulted the deceased,” Justice Mathonsi said.

Prosecuting, Miss Memory Munsaka said on December 24, 2004, Msebele and Moyo had a misunderstanding over deceased’s missing underwear and cotton thread. A fight ensued during which Msebele took to his heels and Moyo followed him and caught up with him.

“Moyo was armed with a switch and a catapult and assaulted Msebele thrice,” said Miss Munsaka.

The court heard that Msebele managed to overpower Moyo and punched him on the face, neck and chest and he lost consciousness.

Moyo was taken to Sipepa Clinic and he died while being transferred to Mpilo Central Hospital.

According to post mortem results, the cause of death was lung injury, haemothorax and assault.

Msebele, through his lawyer, Mr Givemore Muvhiringi, said he attacked Moyo in self defence.