Tout killed in fight over R8

By Thulani Ndlovu

BULAWAYO – A tout, high on alcohol and marijuana, fatally stabbed his colleague with a pair of scissors in an altercation over eight rand, a court heard on Thursday last week.

Bulawayo High Court Judge, Justice Andrew Mutema heard how Chemist Sakala (20) of 345 Matshobana, in March last year, went to an illegal commuter pick-up point at the corner of 6th Avenue and Lobengula Street in Bulawayo where he retrieved a pair of stainless steel scissors and approached Simon Nyathi, the deceased, brutally stabbing him once on the left side of the chest. He then fled from the scene and got into a commuter omnibus which sped off.

Nyathi, who used to stay at 5334 Gwabalanda, died of a stab wound to the heart according to a medical report. Sakala was charged with murder.

The accused plead not guilty to the charge but, however, pleaded guilty to a lesser charge of culpable homicide. Culpable homicide is negligent, unlawful killing of a human being while murder is the intentional and unlawful killing of a human being.

In his defence outline, the accused told the court that the deceased was the aggressor as he looked for him intending to assault him. “I did not intend to stab the deceased in the chest or to inflict a fatal blow but to repel the deceased’s attack,” he said.

His legal practitioner Mr Zibusiso Ncube of Messrs Calderwood, Bryce Hendrie and Partners told the court that on the day of murder, the accused had consumed plenty of liquor and smoked marijuana.

“On the day in question, he had consumed copious amounts of liquor and dagga and as a result of intoxication, the accused failed to fully appreciate his actions and the consequences thereof,” said Mr Ncube.

The State disputed the accused’s version of events.

The State’s first witness Mr Mpumelelo Dube and former friend of the deceased told the court that while waiting to load his commuter omnibus at corner Lobengula Street and 6th Avenue, the accused person came and offered two passengers.

After loading the two passengers the accused went on to collect eight rand from the ashtray as payment for touting for passengers. “The deceased, who was seated in the Kombi told the accused that he was not entitled to the money. Sakala insulted him, and the now deceased disembarked and fought back,” said Dube.

He further stated that he restrained the accused and now deceased, but a few minutes later the accused chased the now deceased behind a commuter omnibus. “I went back to where the Kombi was and I found the man in pain and blooding oozing from his chest,” he said.

But Dube did not see the actual stabbing.

“After a few seconds the accused jumped into a Kombi and drove off at high speed.”

Another State witness Thembelani Thwala told the court that they tried to run after the accused but lost sight of him in Makokoba.

Investigating officer, Onesimo Chikomba of the Criminal Investigations Department, Homicide, testified that he received information that the accused was fleeing the country to South Africa.

“We made a follow up on a Toyota Granvia description acquired from the source. We caught up with the car in Stanmore area near Gwanda. The accused was located among passengers and then interviewed. He admitted to stabbing the deceased on the chest,” said the investigating officer.

The accused then led the police to his place of residence where he dug out a pair of scissors he used to commit the murder.

Judge Mutema adjourned the case to June 13 where he is expected to rule on the matter. Sunday News