Zimpapers Logo

Fidelis Munyoro Chief Court Reporter

BULAWAYO High Court judge Justice Evangelista Kabasa has expressed disquiet over increasing cases of gender-based violence as society looks to the courts to mete out deterrent sentences to show that violence can never be tolerated especially when it leads to loss of life.

Gender-based violence has remained a major societal issue in the country and there have been many calls for stiffer penalties.

Justice Kabasa said though the courts strive to mete out a sentence which fits the offence, the crime continues unabated.

She made the remarks while passing a 19-year-jail term on a Pelandaba man, Mgcini Lunga, who was convicted of murdering his wife, Nicolah Mabvure, over infidelity.

“Gender-based violence has haunted society for a long time and is not abating,” said Justice Kabasa. “A home should be a place of peace and safety, not a battleground where the weaker sex is almost always at the receiving end.”

The couple had a misunderstanding over some text messages and pictures which were in Ms Mabvure’s mobile phone. Lunga then picked up a knife and stabbed Ms Mabvure several times resulting in her death.

During the trial, Lunga did not deny stabbing his wife using a knife and that she died as a result of the injuries he inflicted. He, however, claimed he was provoked and that he was also drunk and so did not appreciate what he was doing at the time he stabbed Ms Mabvure, a defence that was dismissed.

To prove its case, the State led evidence from Lunga’s mother and Ms Mabvure’s mother, as the testimony of the other seven witnesses was not contested because they did not have much to tell as none of them witnessed the attack on Ms Mabvure.

Lunga’s mother’s testimony was hardly challenged. She said Lunga had told her in the morning of the day that he wanted to visit Ms Mabvure’s grandfather to discuss some problems. He later called asking to be taken to a certain lady ostensibly for counselling.

His mother went to this lady’s house where Lunga was supposed to meet her. However, Lunga took a long time to arrive at this house and when he eventually arrived he told his mother that he had killed his wife.

His mother was not able to tell whether her son was drunk but she knew earlier that the couple had problems over infidelity issues.

Ms Mabvure’s mother testified that on May 3 last year around noon she received audio messages from Lunga, and he was insulting her.

Lunga, she said, also told her that he wanted to cause her pain that she had never felt before and he was not concerned as to how that would affect her. He accused her of having invited his wife to South Africa. She received another message telling her that Lunga was done with her daughter, Ms Mabvure.

In this case, the only issue was whether Lunga stabbed Ms Mabvure intending to kill her or after realising that there was a real risk or possibility that his conduct would cause Mabvure’s death continued nonetheless.

In her judgment, Justice Kabasa sitting with assessors, Mr O Dewa and Mr M Ndlovu, found that Lunga’s story lacked consistency, saying if he was indeed defending himself that story would have been repeated throughout, from the date of his arrest to the time of his trial.

“The truth can never change depending on circumstances. Only a lie changes to suit whatever narrative a person is seeking to peddle,” she said.

“We also do not lose sight of the fact that the accused had sent audio messages to the deceased’s mother, ominous messages which he then acted out causing the pain he had promised the deceased’s mother he was out to cause her.

“He must have contacted her again after the heinous act as he then told her he was done with her daughter and indeed he was, as the deceased’s mother called on her daughter to check on the deceased, only to learn that her daughter was no more.”

To this end, it was the court’s conclusion that Lunga had planned what he intended to do and carried the plan through.

“One who is provoked acts in the heat of the moment. There can be no planning under such circumstances.

“It was, therefore, clear that the issue of provocation was thrown in in an attempt to explain what the accused realised was an unwarranted attack on the deceased.”

Lunga’s defence of intoxication also stood on shaky ground, as the judge ruled that he could not have been intoxicated because his own mother was not able to tell that he was drunk.

Surely, if he was as drunk as he would have the court believe, his mother would have noticed that, said Justice Kabasa, noting that Lunga sought to hide behind a finger by saying he could not recall the stabbing because he was so intoxicated yet he gave a detailed account to the police of what he wanted them to accept as the events which led to the fatal stabbing.

“The truth of the matter is the accused knew what he was doing,” said the judge. “We were satisfied that his story was shown to be not only improbable but beyond doubt false. He knew what he was doing and did not lose self-control.”