HIGH COURT OF ZIMBABWE
BULAWAYO 8 MARCH 2018
W Mabhaudhi for the state
R Dzete for the respondent
MOYO J: The accused person faces a charge of murder, it being alleged that on 26 November 2000 he stabbed the deceased Gamula Ndlovu, with an okapi knife resulting in deceased’s death. Documentary exhibits were tendered in the form of the state summary, the defence outline and the confirmed warned and cautioned statement by the accused person. They were duly marked.
This is one of those old cases where the offence was allegedly committed about 17 years ago. The facts of this matter are that accused and deceased were rival suitors. They shared a girlfriend one Sikhathazile Tshuma who is since deceased. The accused was aged 39 years at the material time. He is now 56 years old. The accused person went to visit the girlfriend and found the girlfriend with the deceased and the first state witness. He decided to pass by and go away as he realized that the situation was potentially explosive. Deceased then followed him, asking for some tobacco and also shouting obscenities. Deceased followed him until when he (deceased) caught up with him. It is not clear as to what transpired once deceased had caught up with the accused person. However, it is clear that deceased was in an aggressive mood because he could not even follow a rival suitor asking for tobacco, when the accused was not even responding. Deceased was being a nuisance on the day in question, for it appears as if he was demanding