THE State V Welcome Ndlovu

### Preamble
1
HB 56/21
HC (CRB) 101/20
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THE STATE

Versus

WELCOME NDLOVU

HIGH COURT OF ZIMBABWE

MAKONESE J with Assessors Mr J Ndubiwa and Mr J.L.M. Zulu

HWANGE 16 MARCH 2021

Criminal Trial

Mrs M Cheda, for the state

Ms J Change, for the accused

MAKONESE J:	The 26 year old accused is facing a charge of murder in contravention of section 47 (1) (a) of the Criminal Law (Codification & Reform) Act (Chapter) 9:23.  The state alleges that on 2ndApril 2020 and at Gibson Ndlovu’s homestead, Xhanixhani Line, Tsholotsho the accused stabbed his 52 year old father three times in the stomach and once in the throat, with a knife, thereby causing his death.  The accused admits the stabbing but avers that at the time of the commission of the offence he was suffering from mental illness and could not appreciate the consequences of his actions.  The accused pleads that a special verdict may be returned in terms of section 29 of the Mental Health Act (Chapter) 5:12.

The facts of the matter are largely common cause.  They are these.  On 2nd April 2020 and at around 1400 hours the accused and the deceased had a misunderstanding.  The deceased was disabled. He was unable to walk. Hesent accused on an errand at a neighboring village.  The accused was unwilling to undertake the assignment.  The deceased kept on nagging him requesting him to go where he had been sent.  Without any warning and for no apparent motive, the accused pulled out a kitchen knife and stabbed the deceased four times, three times in the stomach and once in the throat.  The deceased bled profusely and died instantly from injuries sustained in the attack.  The accused fled from the scene. He was later apprehended by local villagers at a Business Centre.

The state has tendered into the record a Post Mortem Report compiled by Doctor Gregori a forensic pathologist based at United Bulawayo Hospitals.  An examination of the remains of the deceased carried out by the pathologist revealed that the cause of death was:-

acute anemia

abdominal laceration

stab wound

On marks of violence the pathologist observed that the knife had penetrated the thoraxic caivity.  There was evidence of abundant free blood in the abdominal caivity.  The knife used in the attack was tendered as an exhibit.  Its handle is 12 cm long.  Its blade is 2.5 cm at its widest part.  It weighs 85 grames.  There can be no doubt that the accused used excessive force in attacking the deceased with this lethal weapon.  Vital organs of the body were affected.  Death was inevitable.

The state produced a Report by a Psychiatrist, Doctor Nemache Mawere based at Mlondolozi Special Institution.  The Psychiatrist opined that at the time of the commission of the offence the accused was suffering from mental illness and could not appreciate the consequences of his actions.  The accused has a history of mental illness.  At least 2 doctors had attended to the accused at Ingutsheni Hospital and after treatment accused appeared stable. The psychiatrist concluded that accused was suffering from substance induced psychosis at the material time. Accused was suffering from mental illness.

From the evidence placed before the court, we are indeed satisfied that at the time of the commission of this horrendous crime the accused was suffering from a disease of the mind.  He could therefore not be held criminallyliable for his actions.

In the result and accordingly the following order is made

The accused is found not guilty by reason of insanity in terms of section 29 of the Mental Health Act Chapter (15:12)

The accused is to be returned to prison pending transfer to Mlondolozi Special Institution for further examination and treatment.

The accused is a danger to society.

National Prosecuting Authority, state’s legal practitioners

Mviringi& Associates, accused’s legal practitioners