By Mashudu Netsianda
A woman from Bulawayo who indiscriminately assaulted her nephew to death for allegedly stealing Z$100 000, was yesterday ordered to perform 360 hours of community service.
Ntombizodwa Ncube (46) of Cowdray Park suburb fatally assaulted Brighton Moyo (10) on suspicion that he stole school fees money which had gone missing in their house in 2005.
Ncube, who was initially facing a murder charge, was convicted of a lesser charge of culpable homicide by Bulawayo High Court judge Justice Martin Makonese.
She was sentenced to five years in jail of which three years were suspended for five years on condition that she does not within that period commit a similar crime.
The remaining two years were further suspended on condition that she performs 360 hours of community service at Mahlathini Primary School in Cowdray Park suburb starting from today.
In passing sentence, Justice Makonese condemned Ncube’s conduct, saying it was deplorable.
“The young victim suffered a painful death and the courts frown upon people who take the law into their own hands. The force you used was extreme and you certainly exceeded the bounds of discipline when you brutally and senselessly attacked a 10-year-old boy.
“The conduct of the accused person is deplorable and the courts have a duty to jealously safeguard the sanctity of human life,”said the judge.
Justice Makonese said a custodial sentence would be too harsh given the delay in the prosecution.
He expressed concern over the delay by the Prosecutor-General’s Office to prosecute the matter.
“A delay of 12 years is inexcusable and the Prosecutor-General’s Office is called upon to make follow ups on cases lined up for prosecution. In fact, there must be inbuilt mechanisms put in place,” said Justice Makonese.
Prosecuting, Mr Khumbulani Ndlovu said on March 12 in 2005 at around 7.30PM, Ncube confronted Brighton and started accusing him of stealing Z$100 000 which had gone missing in the house.
The boy denied taking the money and Ncube was not convinced by the response.
“The accused person sent the boy’s sister to cut a switch from a peach tree in the yard. She indiscriminately assaulted the deceased,” said Mr Ndlovu. ‘
He said after the assault, the boy went to sleep in the lounge and died during the night.
The following morning, Ncube tried to resuscitate the boy by pouring water on him but discovered that he was already dead.
Ncube informed her neighbours and the matter was reported to the police leading to her arrest.
Post mortem results show that the cause of the death was subarachnoid haemorrhage and multiple assaults.
Mr Blessing Dube of Sengwe of Sengweni Legal Practice represented Ncube.The Chronicle
