Rejected lover kills ex-girlfriend’s new lover
By Dumisani Ndlovu/Isaih Ncube
A jealous-jilted man from Duna village, Chief Mataruse, Mberengwa who stabbed his former girlfriend’s newly found lover to death for allegedly snatching his girlfriend has been sentenced to an effective 18 years in jail.
Hardlife Mudzingwa aged 21 stabbed Blessing Mxotshwa of number 2 Village 19, Tokwe Valley several times with a homemade knife. Mxotshwa died instantly the same night leading to Mudzingwa’s arrest.
Bulawayo High Court judge, Justice Bongani Ndlovu convicted Mudzingwa of murder with constructive intent.
In convicting Mudzinga the judge said “In case like this one here, where there is one witness and the rest are police officers who attended the scene, the court must have rational grounds to conclude that the evidence of the single witness is reliable and trustworthy and is a safe basis for evidence.
“Under such circumstances of having a single witness, the court ought to have a reliable and trustworthy witness. In this case the witness who was the former girlfriend of the accused person wasn’t reliable but hiding certain truth, may be its because she feels was the trouble causer.
Judge Justice Ndlovu said it is weird that barely a week after parting ways with a boyfriend, the girlfriend, who in this case is the key witness, Alice Makonese was already in another relationship.
“That is probably what made her not coming clear when she gave a statement in the court. There is need for us as people to go back to our moral standard. Despite you pleading not guilty, the court used your warning and caution statement from the police. Where you admitted having committed the crime. In the statement you narrated what transpired, which the court believed is true. Because only you, the witness and the deceased were there when the deceased met his death. You are therefore convicted of murder as charged and as defined in section 47(1) of the Criminal Law Codification Law and Reform Act Chapter 9:23.
In passing the sentence, Justice Ndlovu said Mudzingwa’s conduct was deplorable and showed lack of maturity. He said the accused should have simply respected the woman’s choice. He decided to attack the deceased, which was very unreasonable as it was not the deceased’s fault that the woman changed her mind. One would wonder if this was because of immaturity, or because of jealous, people should accept rejection and move on clearly this shows immaturity and this is unwarranted. See now, the accused is in a mercy, just because of a woman, you acted as if she was the only woman in the world,” said the judge.
Judge Justice Ndlovu said because of the premeditated nature of the crime he should have sentenced the convict to 22 years in prison.
“This was a pre-planned crime, you went to the witness’s house, armed with a lethal weapon, knowing pretty well that you will find the two love birds, having a nice time”.
“Because of this I would have sentenced you to 22 years in prison but because of your youthfulness and the time you spend in prison, I will be lenient. Mercy is a building block in justice. Extending a degree of mercy by courts is not a sign of weakness or a compromise, but a exhibition of maturity by the courts.
The open-minded also judge described lenience by the courts as a fingerprint of wisdom by justice and a measure of rehabilitation.
“In passing the sentence I will factor all submissions by the state and mitigation from your defense. But we should not forget that an innocent life was unnecessarily lost and the court has again bemoaned loss of life through violence. For all these reasons, I find the following sentence appropriate:18 years imprisonment, “ruled the judge, replacing a smile with a tough expression.
Judge Justice Ndlovu said the courts have a duty to uphold the sanctity of human life through passing deterrent sentences.
Representing the state, the proactive and interactive Public Prosecutor, Miss Chipo Hungwe, said on the 8th of April 2022 at stand number 15, village 14 Tokwe 3, Valley Shurugwi, Hardlife Mudzingwa who was 19 years old when he caused the death of Blessing Mxotshwa by stabbing him with a homemade knive on the collarbone and left shoulder and left arm intending to kill him or realising that there was real risk or possibility that his conduct may cause death.
The state also submitted a medical affidavit from Dr Juana Rodreguez Gregori who concluded that the cause of death was due to hypervolemic shock and stab wound.
“My Lord and Honourable Assessors, because of the evidence from the medical report and from the witness, a deterrent sentence would be appropriate since the offence was committed with premeditation and planning,” said Prosecutor Hungwe.
The witness, Alice Makonese told the court that on the 8th April 2022 at about 1500 hours, the witness met the deceased at Baba Nigel’s homestead and the two proceeded together to the witness’s place of residence. The two love birds whiled up time up to 2000 hours when they proceeded to the witness’ bedroom to sleep.
When the two were in blankets the witness heard someone trying to open the door but failed since the door was locked. The witness heard the footsteps proceeding to the window and heard someone entering through the window. She stood up and went to investigate and saw the accused person coming from the corridor, she ordered the accused person to leave since the two were no longer in a relationship.
The accused forced his way into the bedroom. The deceased came out of the bedroom and the accused charged towards the deceased and the two wrestled. The deceased was overpowered and fell down. The accused person took out a homemade knife from his pocket and tried to stab the deceased, the witness grabbed the knife by the blade. The knife cut the witness in both palms. The accused warned the witness not to interfere.
The witness jumped out of the house through the window that the accused had used to enter the house and ran to her neighbour, Laiza Kombora and informed her about the situation that was taking place at her home. The witness returned back home intending to collect her child. She found the deceased lying down on the floor facing upwards. She called out his name and he did not respond. She took her child and proceeded to Ishmael Mudzana’s homestead where she made her report. When the witness returned to the homestead in the company of Ishmael Mudzana she found the deceased’s body lying in a pool of blood. The deceased was facing upwards. Police was informed and crime scene was.
The accused was represented by Advocate Tafadzwa Komboni from Jumo Mashoko and Partners.
