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Jinki Ndlovu (56), from Swane Village, Gwandavale area of Matobo pleaded not guilty to the murder of Delph Tshalibe (68) before Bulawayo High Court judge, Justice Nicholas Mathonsi sitting with Mr Elliot Nyoni and Mr Jongilizwe Sobantu as assessors. He was found not guilty of murder but guilty of culpable homicide after tendering a limited plea.

The court fined him US$500 or in default of payment six months in prison.In addition the court sentenced him to two years in prison which was wholly suspended for five years on condition of good behaviour.

In arriving at the sentence, the judge noted that from decided cases culpable homicide does not call for a term of imprisonment but the punishment is meant to show that loss of life could not be tolerated.

It was also in his favour that he had been drinking beer and that his judgment could have been impaired by the alcohol intake. “No one can doubt that you were subjected to ridicule and humiliation at the hands of your ex-lover who went on to attack you. “One single blow was delivered and the court takes note that the blow was not fatal but the resultant fall was what became fatal,” said Justice Mathonsi.

Agreed facts are that on 16 February last year, at around midday, Ndlovu arrived at Thembelihle Phiri’s homestead for a beer drink and joined other villagers who included Tshalibe, Ms Senzeni Sibanda and Ms Memory Ncube.

After the beer got finished around 3pm, Ndlovu set off to his homestead and after a few minutes of having left, Tshalibe, Ms Sibanda and Ms Ncube also followed him.When the trio caught up with him, the two women walked past him while Ndlovu followed behind with Tshalibe.The two men who were chatting would at times talk to the women.

After walking for some distance, Ms Sibanda who is Ndlovu’s ex-girlfriend but was now having an affair with Tshalibe, began to hurl insults at Ndlovu calling him by his mother’s private parts and even denigrating his wife. She went on to mock Ndlovu about his lips and ears, which were severed by dissidents during the Matabeleland disturbances era.

Ms Sibanda said: “Namhla unyile thina asisiwo madissidents akuquma indlebe lomlomo akutshiya, namhla siyakubulala.”

Ndlovu, who has been living with the trauma of the torture and mutilation by the dissidents who left him deformed and maimed, was upset by the utterances by Ms Sibanda and advanced towards her with the intention of assaulting her.  As Ndlovu was trying to grab Ms Sibanda, Tshalibe came from behind and hit him at the back of his neck and he fell down. All of a sudden, Tshalibe and Ms Sibanda were all over Ndlovu assaulting him.

Ms Sibanda was using a shoe and at that moment Ndlovu stood up and hit Tshalibe once on the mouth. Upon being hit, Tshalibe fell on a rocky surface. Ndlovu left for his home and the women later left Tshalibe at the scene and he was discovered dead by a passerby on the same day. According to the post-mortem report the cause of death was depressed skull fracture as a result of head injuries.-Chronicle