MARTIN MAWAYA
Gweru-In a landmark ruling, High Court Judge Munamato Mutevedzi has acquitted two men, Mayibongwe Maphosa and Romeo Sezydekurire, who were in custody on murder charges.
According to the court proceedings, on September 13, last year, the two accused men gave a lift to the deceased, Qalisani Tshuma, and his friend Tabo Sibanda, who were both intoxicated at the time.
Upon arriving at Tshuma’s residence in Ndabambi village under Chief Sogwala, a confrontation erupted between the parties.
The court heard that Tshuma became aggressive, shouting at Maphosa and attacking him with fists.
Tshuma then drew an Okapi knife, prompting Maphosa to flee.
Sibanda then pursued and tripped Maphosa, at which point Tshuma allegedly stabbed Maphosa in the thigh.
In response, Sezydekurire struck Sibanda on the hands with a shovel, causing him to flee.
The court heard that Tshuma subsequently attempted to stab Maphosa in the stomach, but Maphosa managed to wrestle the knife away.
During the scuffle, Tshuma strangled Maphosa, who then stabbed Tshuma in the back in an act of self-defense against the “unlawful and imminent attack.”
In his ruling, Judge Mutevedzi agreed with the defense counsel, Abiata Mugari’s argument that Maphosa and Sezydekurire were not the aggressors and did not have the requisite intent to commit murder.
The judge concluded that their actions were justified in the circumstances to defend themselves against Tshuma’s unlawful attack.
The ruling marks an end to the two men’s imprisonment, which had lasted since the incident last year.
