Gold panner jailed 13yrs for fatally stabbing lover

By Mashudu Netsianda

An illegal gold panner from Filabusi who fatally stabbed his girlfriend in a fit of rage following an undisclosed dispute, was yesterday sentenced to 13 years in jail.

Themba Mahlaba (36) of Sapila village under Chief Maduna area had a dispute with Ms Sibusisiwe Moyo (42) resulting in him throwing his spear and stabbing the woman.

The deceased was inside her makeshift structure near J Z Moyo High School in West Nicholson area of Gwanda.

Bulawayo High Court judge Justice Nokuthula Moyo convicted Mahlaba of murder with constructive intent.

In passing sentence, Justice Moyo condemned Mahlaba’s conduct, saying the courts have a duty to protect the sanctity of human life.

“The accused person started at the deep end. He is a first offender who started with a very serious charge. The courts frown upon any loss of life through violence,” she said.

The judge took into account the fact that Mahlaba had already spent six years in custody awaiting trial.

“A life was unnecessarily lost due to accused person’s unwarranted behaviour. The courts have a duty to uphold the sanctity of human life through passing deterrent sentences,” said Justice Moyo.

Prosecuting, Mr Thompson Hove said on November 4 in 2011, the deceased was at Umzingwane River near J Z Moyo High School where she was selling her wares to illegal gold panners with her sister, Ms Sibongumusa Moyo.

The court heard that at around 9PM, Mahlaba visited the deceased at her makeshift structure. The two, who are also cousins, had a misunderstanding over an undisclosed issue.

“Tempers flared and the accused person stormed out of the deceased’s tent and went to look for his spear. He returned armed with a spear and threw it towards the deceased’s tent and in the process struck her on the back of her left shoulder,” said Mr Hove.

The court heard that Mahlaba rushed to the scene and pulled the spear out of the woman’s body.

The deceased screamed prompting Sibongumusa to rush to the scene and render first aid.

Sibongumusa, with the assistance of another illegal gold panner identified as Mr Tinashe Sibanda, secured a vehicle and they escorted the deceased to Gwanda Provincial Hospital.

She was transferred to the United Bulawayo Hospitals (UBH) where she succumbed to the injuries a week later.

According to post mortem results, the cause of death was septic shock, peritonitis, penetrating stab wound to the chest and homicide.

Sibongumusa, in her evidence, told the court that the accused person came to her tent at night and collected his spear before he proceeded to the deceased’s place where he allegedly stabbed her.

“I heard my sister screaming and calling out my name and when I went to investigate, I found her lying in a pool of blood while the accused person stood by holding his spear. I then took a piece of cloth and bandaged her before I went to a nearby village to look for transport to ferry the deceased to hospital,” she said.

Another witness, Mr Kholisani Mkandla, said the deceased and the accused person were lovers. He said on the day in question he overheard Mahlaba insulting the deceased and accusing her of belittling him.

Mahlaba through his lawyer, Mr Prince Butshe Dube of Mathonsi Ncube Law Chambers, said he was drunk on the fateful day and could not recall what transpired.

He told the court that when he threw the spear, his intention was to thrust it into the ground near the deceased’s tent for safe keeping. The Chronicle