HIGH COURT OF ZIMBABWE
GWERU 28 MAY 2018 AND 29 MAY 2018
M Shumba for the state
N Hlabano for the 1st accused
B Muzenda for the 2nd accused
MATHONSI J: Gift Mukwende (the deceased) was a teenager who had hardly experienced adulthood at 19 years of age when, at a night club known as Can Night Club (the club) Shurugwi, in the early hours of 13 December 2016 he met his gruesome and painful death, the victim of an extremely violent gang attack over a woman which left him with a metal bar-stool embedded in his head through one of its legs. The leg was so viciously thrust into the back of his head by the occipital region before being driven through the head with the use of another bar stool thereby forcing the leg to exit the head through the frontal the right parietal region. It was an attack which gave the young man no chance of survival even as he was ferried to hospital with that stool still stuck in the head.
It is the two accused persons, along with a friend of their called Henry Sibangani, still at large, who are accused of that gruesome act. They are now charged with the murder of the deceased in contravention of section 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations are that in the early hours of 13 December 2016 at the club located at Donga Business Centre in Shurugwi they unlawfully caused the death of the deceased