SC 37-13 - MOYO & ANOTHER v THE STATE

(1) VUSUMUZI MOYO (2) KHULEKANI NKOMO

v

THE STATE

 

SUPREME COURT OF ZIMBABWE

MALABA DCJ, GARWE JA & GOWORA JA

BULAWAYO, MARCH 25, 2013

Miss S Nkomo, for the appellant

A Munyeriwa, for the respondent

 

MALABA DCJ: This is an appeal against both conviction and sentence of death for murder with actual intent to kill.  The court a quo found that there were no extenuating circumstances and passed the death sentence on the appellants.

The facts of the case are these.  The deceased who was aged 38 years at the time of his death drove his motor vehicle from his house to town at about 7pm on 24 June 2009. At the corner of Herbert Chitepo and 12th Avenue he gave a lift to the two appellants and an accomplice who indicated they were going to Magwegwe.  They drove along Khami Road and then into Hyde Park Road.  At the intersection of Hyde Park Road and Masiyambili Road, near Pelandaba Cemetery, the second appellant who was sitting behind the deceased placed a nylon cord around the deceased’s neck and strangled him.

Once satisfied that the deceased was dead they pushed the body on to the passenger seat.  The first appellant took over the car and drove it to Luveve cemetery where they dumped the body in a bush.  They took his cellphone a Nokia 3310 and his money.  The appellants drove back into town and picked two passengers at West End garage using the stolen car.  One of the passengers was Nkosilathi Sibanda a reporter with a local newspaper.

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