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Justice Martin Makonese

Mashudu Netsianda, Senior Court Reporter
A MAN who fatally kicked a member of the Neighbourhood Watch Committee for “talking too much” during a beer drink in Plumtree has been ordered to perform community service.

Enock Chiveya (25), a father of six who is employed at a mine in Mphoengs, unleashed deadly kicks on Kwanele Ncube (41) resulting in his death following an argument during a drinking spree at Bush Stick Stamp Mill in Plumtree.

Chiveya who was initially facing a murder charge was convicted of a lesser charge of culpable homicide by Bulawayo High Court judge Justice Martin Makonese. He was sentenced to two years in jail of which one year was suspended for five years on condition that he does not within that period commit a similar offence.

The remaining one year was further suspended on condition that Chiveya performs 420 hours of community service at Mphoengs Police Station starting on Monday.

In passing the sentence, Justice Makonese condemned Chiveya’s conduct, saying the courts frown upon violence.

“The courts frown upon violent conduct that results in death. The loss of life causes suffering to the family of the victim and the courts have a duty to pass sentences that meet the justice of the case,” he said.

Justice Makonese said Chiveya was a first offender who showed remorse.

“In assessing an appropriate sentence, the court takes into the account the fact that the accused person spent eight months in custody before he was granted bail. He is a first offender who showed remorse,” he said.

Justice Makonese said there was a possibility that Chiveya, who resides in Mphoengs, could have been tempted to skip the border to neighbouring Botswana since he was out of custody since 2012. “Accused person however, decided to attend court and in that manner he assisted in the administration of justice. Accordingly, he deserves a non-custodial sentence in the circumstances,” ruled the judge.

Prosecuting, Ms Nonhlanhla Ndlovu said on July 25 in 2012 at around 9PM, Ncube was drinking beer together with his companions at Bush Stick Stamp Mill in Mphoengs. The court heard that while they were drinking and chatting, Chiveya arrived at the place and interrupted the conversation.

“He started shouting at Ncube, saying he was talking too much in a high pitched voice, which drowned other voices,” said Ms Ndlovu.

Chiveya started mocking Ncube for being a member of the Neighbourhood Watch Committee, saying “uyingxoza.”

“Chiveya then charged towards Ncube but he was blocked by other drinking mates. After about 10 minutes when everyone thought that Chiveya had calmed down, the accused sprung to his feet and provoked Ncube by punching him on the shoulder thrice and he fell down,” said Ms Ndlovu.

When the deceased tried to get up, Chiveya kicked him once on the chest and he fell down headlong. Chiveya delivered another kick on the stomach.

Chiveya was restrained from further attacking Ncube.The deceased started complaining of stomach and chest pains. He died four days later as a result of the injuries sustained.

According to post-mortem results the cause of death was assault, ruptured transverse colon, septic shock and severe peritonitis.

Ms Nomvelo Samantha Mlotshwa of Ndove, Musetha and Partners represented Chiveya.

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