Six villagers from Filabusi have avoided jail after the Bulawayo High Court convicted them of assault instead of murder for attacking a herd boy they accused of stealing a goat before he was later found dead.
The six were among 15 villagers initially charged with the murder of 35-year-old Bongani Elvis Ndlovu. They were convicted on their own plea of guilty to the lesser charge of assault.
The remaining nine accused are still at large after absconding and are yet to appear in court.
The accused are Adonija Gumede, Nehemia Gumede, Samson Gumede, Desmond Ndebele, Dumisani Nkomo, Daniel Moyo, Khulekani Ndlovu, Ndodana Dube, Allen Sibanda, Israel Sibanda, Thembani Dube, Lizwe Mpande, Petros Mvula, Jacob Gumede and Thulani Ncube.
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Bulawayo High Court judge Justice Ngoni Nduna fined each of the six US$300, or the Zimbabwe dollar equivalent, with the alternative of six months’ imprisonment. He also imposed a further six-month prison sentence, wholly suspended for five years on condition of good behaviour.
“You pleaded guilty to the case, admitting to your wrongdoing. However, we cannot say your conduct caused the death. But assault is a very serious offence that should not be committed. You shall therefore be sentenced for that,” Justice Nduna said.
The court heard that on May 23, 2023, the six were part of a mob that rounded up Ndlovu, a herd boy, accusing him of stealing a goat belonging to villager Cephas Moyo.
The group allegedly force-marched Ndlovu around the village while demanding the whereabouts of the stolen goat’s meat, assaulting him with switches and a knobkerrie.
The court heard that Ndlovu sustained head injuries, bled and struggled to walk. He was later taken to Moyo’s homestead, where he was forced to confess to the theft and promise to compensate the owner before being released.
Villagers last saw him alive sitting near Moyo’s homestead. Days later, after a search, his decomposed body was found in a bush about 200 metres away. Parts of his body had been mauled by dogs.
In mitigation, defence lawyer Tinashe Tashaya of Tashaya Law Chambers urged the court to spare the accused from imprisonment, arguing that they had accepted responsibility for their actions.
“May the court take into consideration that the accused persons are first offenders and they pleaded guilty to the charges they are facing, which is a sign of remorse,” Tashaya said.
He told the court that although 15 villagers allegedly took part in the assault, only six admitted their involvement.
“The accused persons handed over themselves to the police, they are youthful offenders and the assault was not called for and they are apologetic,” he said.
Tashaya also argued that the weapons used were not particularly dangerous.
“My Lord may the court also consider that the accused persons used switches, which cannot be classified under dangerous weapons in attacking the now deceased. Of note also is that the extent of injuries inflicted cannot be ascertained, since the body was discovered in a decomposed state and some body parts had been removed,” he submitted.
Without justifying the assault, Tashaya said the accused reacted after Ndlovu allegedly stole a goat.
“In this community, goats, livestock, are considered a form of wealth. That is why the accused persons punished him in such a manner,” he said.
“May this court consider a fine or community service as a sentence. Community service will be a direct benefit to the community to deter further commission of similar offences.”
Chief public prosecutor Acumen Khuphe opposed the option of a fine, arguing that the accused had undermined the rule of law.
“It is aggravating that they took the law into their own hands. They did this in full view of the whole community, showing disregard of the law. It is important to issue a deterrent warning against such confidence,” Khuphe said.
He argued that although the State could not prove the assault directly caused Ndlovu’s death, it had left him vulnerable.
“There might be no evidence showing that the actual assault caused the death, but it’s a possibility that the assault made the now deceased fail to get home after being attacked. The assault is what left the deceased vulnerable,” Khuphe submitted.
Khuphe said imposing only a fine would trivialise the offence and fail to send a strong message against mob justice.
“Their plea to pay a fine could trivialise the offence and water down the effects of the crime that they committed. It could be more prudent for them to serve community service in the same community that they committed the offence to send a stern warning against such conduct.”
He added: “They need to learn that offences are not dealt with by individuals, but should be reported to the police and let justice take its course.”
Khuphe also reminded the court of the impact of the crime on Ndlovu’s family, saying he was survived by two minor children who are now being cared for by relatives because their mother is incapacitated.
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