Zimpapers Logo

Mashudu Netsianda, Senior Court Reporter
ONE of the two armed robbers who stole AK47 rifles from ZimParks before raiding a bottlestore in Bulawayo’s Kensington suburb where they shot dead a patron and went away with R800 and a consignment of beer and cigarettes, was yesterday sentenced to life imprisonment.

Menzi Dube (48) of Esigodini allegedly ganged up with Greysham Nyathi who is still at large and armed themselves with an AK47 rifle before raiding Kensington Bottle store.

Dube, who is already serving a 22 year jail term for another armed robbery case, was yesterday convicted of murder with constructive intent by Bulawayo High Court judge Justice Maxwell Takuva in connection with the death of Ms Prosper Hlongwane (22) in February 2009.

In his judgment, Justice Takuva said Dube, whose evidence was fraught with inconsistencies, was not a credible witness.

“The accused person exaggerated evidence on how he was allegedly assaulted by police. Despite his alleged assault, accused did not suffer any injuries at all. His evidence is riddled with improbabilities and we accordingly reject his testimony,” said the judge.

In passing sentence, Justice Takuva described Dube as a wicked person who deserved to be removed from society.

“You have been found guilty of a very serious offence which warrants a death penalty since the murder was committed in the course of a robbery,” said the judge.

“The court has discretion to decide on the appropriate penalty and in this case you have escaped death by a whisker. In our view, what has saved you from capital punishment is that circumstances surrounding the shooting remain obscure since there was no evidence to shed light on how the deceased was shot.”

Justice Takuva said Dube was a selfish and greedy person whose conduct was deplorable.

“The accused person killed an innocent person for selfish needs and robbing people of their property. You are a wicked person who should not be allowed to live with other humans beings,” he said.

Prosecuting, Mr Thompson Hove said on February 21 in 2009 shortly after 10.30PM, Dube in the company of Nyathi, armed themselves with two AK 47 rifles and went to Kensington Bottle Store.

On arrival, the two men ordered everyone who was outside the bottle store to lie down.

The court heard that some patrons did not comply with the order.

“When Dube and Nyathi realised that they could be apprehended, they fired two shots at the crowd and one of the bullets hit the deceased on the left thigh,” said Mr Hove.

The two armed robbers got inside the bottle store and threatened two bartenders, Ms Rejoice Dube and Ms Tendai Sibanda and demanded cash.

Rejoice, out of fear, gave the two men R800. Dube and Nyathi then ransacked the bottle store and took beer, soft drinks,  packets of cigarettes, matches and candles and disappeared into the darkness.

Rejoice later heard Hlongwane screaming for help as she was about to retire to bed. She found the deceased lying in a pool of blood a few metres away from the shop.

Hlongwane died before she could be taken to hospital. A report was made to the police and investigations led to Dube’s arrest.

One of the firearms and the camouflage, which was used during the commission of the offence, was discovered at Dube’s house.

In his defence through his lawyer, Mr Kwanele Mbongeni Nxumalo of Ncube and Partners, Dube said he was falsely incriminated and accused police of forcing him to confess by assaulting him. —  @mashnets