AN INYATHI man who speared his nephew to death after an altercation was yesterday saved from the death penalty by the new Constitution which prohibits capital punishment on a person below the age of 21 years at the time of committing the offence.
RICHARD MUPONDE SENIOR COURT REPORTER
Everton Ndlovu (26) was convicted of murder with actual intent by Bulawayo High Court judge Justice Martin Makonese sitting at Hwange Circuit Court yesterday, but was spared the hangman’s noose because he was 20 years old when he committed the offence.
Justice Makonese sentenced Ndlovu to 25 years in prison for the murder of his nephew Cornelius Moyo.
Section 48 of the Constitution gives every person a right to life.
However, subsection (2) says the law may permit the death penalty to be imposed only on a person convicted of murder committed in aggravating circumstances and:
“(a) the law must permit the court a discretion whether or not to impose the penalty, (b) the penalty must be carried out only in accordance with a final judgment of a competent court, (c) the penalty must not be imposed on a person — (i) who was less than 21 years old when the offence was committed, or (ii) who is more than 70 years old.
“(d) the penalty must not be imposed or carried on a woman, and (e) the person sentenced must have a right to pardon or commutation of the penalty from the president.” Makonese said.
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Ndlovu stabbed and stoned Moyo to death after he assaulted him for intervening in an altercation between the deceased and his younger brother, Fanuel Moyo.
The prosecution, represented by Whisper Mabhaudi, had applied for the court to convict Ndlovu with murder with actual intent which carries a death penalty arguing that his intentions were premeditated as he waylaid his nephew in the dark armed with an array of weapons.
However, Ndlovu’s pro deo lawyer Dorothy Peggah conceded that his defence was not admissible in court as it appeared to be an afterthought.
She, however, asked the court to convict him of a lesser charge of murder with constructive intent instead of actual intent.
The incident occurred on October 12 2008
