Bereaved family beats up mourners

By Leonard Ncube

A BEREAVED family from Dete allegedly assaulted some mourners before effecting a citizen’s arrest on seven villagers for “being responsible for the death of their relative.

”This came out during the court appearance of 75-year-old Tamisoni Sibuyuni Muleya who was being charged with the murder of his neighbour, Lubhu Munsaka who died in March this year.

Muleya, of Mphakathi Village in Dete appeared before Bulawayo High Court judge Justice Nokuthula Moyo on circuit in Hwange.

In his defence, Muleya, who was eventually acquitted after trial, denied ever assaulting Munsaka and told the court that the charges were fabricated against him eight days after the alleged murder in Mphakathi village.

“I did not quarrel or assault Munsaka and did not use the same road he used when I went home. On 5 March I was told about Munsaka’s death and I also went with other villagers to the scene where the body was lying and no-one pointed at me to say I had assaulted him,” said Muleya as he pleaded not guilty.

Munsaka had been drinking tototo, a homemade alcoholic drink at Mr Dolphus Mathumbu Ncube’s homestead, with the deceased and other villagers on March 4 when the two allegedly fought.

During burial on March 12, Munsaka’s family allegedly pummelled some mourners including Muleya, Mr Jimmy Nkomazana, Mr Farai Sibanda, Mr Ncube, Mr Raymond Mudenda, Mrs Sibongile Nyoni and Mrs Agnes Mudenda who were all handed over to the police and were arrested.

Muleya was eventually charged with murder while the others were released and turned into witnesses after Mr Nkomazana implicated him in his neighbour’s death.

Muleya’s pro-deo lawyer, Mr Thulani Nkala of Dube and Company argued that it was questionable why Mr Nkomazana who implicated Muleya did not inform the police until burial day when they were assaulted.

The investigating officer told the court that witnesses did not report Muleya because they feared he would bewitch them while the witnesses told the court they did not see it necessary to report.

Justice Moyo said the state had failed to prove its case beyond reasonable doubt and found Muleya not guilty.

Prosecuting, Ms Memory Munsaka said Muleya, Munsaka and other villagers had earlier spent the day on March 4 weeding and drinking opaque beer at the accused’s field before proceeding to drink tototo at a neighbour’s homestead. The Chronicle