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Mashudu Netsianda, Senior Court Reporter
A BUSINESSMAN who fatally assaulted Bulawayo City Council Assistant Director of Engineering Services, Engineer Mbuthi Gugu Mkhwananzi, after the two clashed at a girlfriend’s house, was yesterday sentenced to 17 years in jail.

Spencer Sithole (34) of Hillside suburb in Bulawayo punched his rival suitor Mkhwananzi (47) and struck him using a dressing table wooden stool in April last year at the woman’s house in Four Winds suburb.

Mkhwananzi died a few days later at Mater Dei Hospital, allegedly due to the injuries sustained as a result of the attack.

Bulawayo High Court judge Justice Maxwell Takuva convicted Sithole of murder with constructive intent.

In passing the sentence, Justice Takuva condemned Sithole’s conduct, saying passion should not be an excuse for murder.

“Our country is suffering from an epidemic of violent crimes. Crimes of passion are now prevalent in this country and the courts should send a clear message that passion for somebody should not be an excuse for murder,” he said.

“You killed someone who was useful in the community and indeed this was an unnecessary killing.”

Justice Takuva said the courts have a duty to uphold the sanctity of human life through passing deterrent sentences.

“The murder was not committed in aggravating circumstances hence a death penalty is not appropriate. However, the court has a duty to uphold the sanctity of human life. Was it not for mitigatory factors, the accused deserved a lengthy prison term. Accordingly, accused person is sentenced to 17 years imprisonment,” ruled the judge.

Prosecuting, Mr Trust Muduma said on April 11 last year at around 7AM, Sithole went to Ms Josephine Morrow’s house in Four Winds suburb intending to collect his car keys.

On arrival, he opened the front door of the house using spare keys and stumbled upon Mkhwananzi and Ms Morrow in bed.

“The deceased was with his girlfriend when the accused person stormed into the house and found them in bed. Sithole got angry and started assaulting Mkhwananzi with fists, dressing table and a wooden stool and he sustained three fractured ribs,” said Mr Muduma.

Mkhwananzi fled from the house bleeding profusely through the mouth and nose.

He was taken to Mater Dei Hospital where he died three days later as a result of multiple injuries sustained during the attack. According to a post mortem report, the cause of death was assault, multiple fractures and respiratory failure.

Ms Morrow (48), who is Sithole’s ex-girlfriend and the woman at the centre of the controversy, said when the incident occurred, she had already terminated their relationship.

Sithole, however, insisted that he was still in love with Ms Morrow.

Sithole, through his lawyer Mr David Mhiribidi of Mutuso, Mhiribidi and Partners, pleaded for leniency, saying it was not his intention to kill his rival.

He argued that he acted out of provocation when he found his girlfriend in bed with another man.

Sithole said he felt betrayed by his girlfriend and the deceased whom he claimed was his friend.

He said he fell in love with Ms Morrow in 2010 and the two had plans to marry.

In mitigation, Sithole said he was remorseful for his actions. “I regret the loss of life which was necessitated by my conduct. May the court also take into consideration the fact that I am taking care of my 68-year-old mother who is a widow,” he said.

Sithole said he also suffered from arthritis and is on medication after he was operated on both ankles.

@mashnets