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Mashudu Netsianda Senior Court Reporter
A BEITBRIDGE teenager was yesterday sentenced to an effective 10 years in jail for stabbing a man to death following an altercation over spilled beer. Mayford Ndlovu denied that he intentionally killed Robert Mudau, 28, during a fight after the latter’s friend had spilled beer belonging to Ndlovu’s colleague.

Bulawayo High Court judge Justice Nokuthula Moyo convicted Ndlovu, 18, of murder with constructive intent.

In her judgment, Justice Moyo disputed Ndlovu’s testimony that he acted in self defence.

“Ndlovu’s testimony can’t be relied upon as it’s fraught with lies. Mudau wasn’t armed and it’s Ndlovu who was carrying a knife which he then used to stab Mudau during the fight. He used a lethal weapon to inflict injuries on a defenceless person who was lying helplessly on the ground,” she said.

“Despite foreseeing a possibility of death, Ndlovu continued with his conduct and we accordingly find him guilty of murder with constructive intent”.

In passing sentence, Justice Moyo said it was the duty of the courts to uphold the sanctity of human life.

“Ndlovu’s moral blameworthiness is stretched by the fact that he brought a knife which he went on to use on a defenceless man lying on the ground. These courts have on many occasions bemoaned loss of life over petty issues. Life is sacred and as long as society doesn’t uphold the sanctity of human life, the courts have a duty to do so through passing harsh sentences,” she said.

Justice Moyo rejected a recommendation by a Beitbridge probation officer from the Department of Social Welfare to give Ndlovu corporal punishment in the form of 100 cuts.

“Corporal punishment would trivialise the crime and this court rejects a recommendation by the probation officer. It’s the court’s view that the justice of the matter would be met with a sentence of 10 years in jail,” ruled the judge.

Prosecuting, Nokuthaba Ngwenya said on June 6 last year shortly after 4PM, Ndlovu and Mudau were drinking beer with their friends during an inter-provincial schools football match at Tshamnanga Village in Beitbridge, when an altercation ensued.

The court heard that Mudau’s friend, Mpho Nyoni had an altercation with Ndlovu’s friend, Onias Moyo resulting in him spilling his beer. The dispute degenerated into a fight during which Ndlovu and Mudau joined in the scuffle. “Ndlovu drew a knife from his pocket and stabbed Mudau in the head, but he managed to escape from the scene with a deep cut,” said Ngwenya.

Mudau was rushed to Beitbridge District Hospital where he died the following day due to the injuries sustained. The post-mortem report revealed that Mudau died as a result of brain damage, skull fractures, stab wounds and homicide.

In mitigation through his lawyer, Kenneth Lubindi of Lubindi and Partners, Ndlovu pleaded for leniency.

“My client was only 17 when he committed the offence and was also under the influence of alcohol and peer pressure. There was a lack of maturity as explained by his youthfulness,” he said.

Recently, Justice Moyo sentenced a Bulawayo man to 30 years in prison for fatally stabbing a beer hall patron who was trying to interfere in a dispute that he had with a cigarette vendor over a $1 debt.