Online Reporter
Patrick Chitumba-Midlands Bureau
THREE artisanal miners from Zhombe in the Midlands Province were on Wednesday sentenced to two years in prison each by the High Court for killing a fellow miner with a knobkerrie during a dispute over gold ore.
Ronny Fuzane (19), his brother Prosper (18), and Maxwell Sibanda (19) were convicted of culpable homicide by Justice Naison Chivhayo.
Justice Chivhayo was sitting on circuit at the Bulawayo High Court in Gweru.
Culpable homicide means the accused were to blame for the death through taking action that a reasonable person would realise could lead to serious injury or death, but had no intention to kill.
The three miners, all from Village 14 under Chief Ntabeni, Zhombe, had initially been charged with murder following the death of Herbert Nyoni (30), also of Village 14.
However, they pleaded guilty to a lesser charge of culpable homicide and convicted of their plea.
They were each sentenced to three years in prison, with one year conditionally suspended for five years, leaving them to serve an effective two years.
In sentencing, Justice Chivhayo considered their ages and the compensation they paid to Nyoni’s family.
“The court has considered the youthfulness of the accused persons and that they have been convicted of culpable homicide.
“The court has also considered that the accused paid compensation to the family of the deceased,” he said.
Prosecutor Ms Linah Mamombe told the court that on September 17 , 2022, around 1pm, Fuzane brothers Ronny and Prosper were at Sibanda’s home when Nyoni and his friend, Knowledge Chipatiso, arrived, accusing them of stealing gold ore.
Nyoni was armed with a knobkerrie and an axe, while Chipatiso carried a knife.
At the time, Sibanda was bathing, while the Fuzane brothers were in the backyard.
Nyoni and Chipatiso went to the bathroom to confront Sibanda.
After a brief conversation, Nyoni struck Sibanda on the forehead with a knobkerrie and fled.
Sibanda and the Fuzane brothers pursued Nyoni and Chipatiso.
The brothers armed themselves with half-bricks during the chase.
Ronny struck Nyoni with a brick, causing him to fall.
Sibanda then returned, disarmed Nyoni, and struck him on the side of the head with a knobkerrie, rendering him unconscious.
The incident was reported to the police, leading to the trio’s arrest.
In their defence, the accused said they acted in self-defence as Nyoni had been the aggressor.
They acknowledged, however, that their actions led to his death, leading to their sentence.
