April 13, 2021

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After Assault 5 Face Murder Charges

By Livingstone Mtetwa

Five members of the Zimbabwe National Army appeared before Chipinge Magistrate Court facing murder charges after assulting a man to death who had attacked one of their own at Masocha Village.

Defined in Section 27(1) (a)(b) of the Criminal Law [Codification and Reform] Act Chapter 9.23 of the constitution of Zimbabwe, ZNA members chased the now deceased, Gift Mahembe, then took turns assaulting him with open hands, booted feet, knob carry, sticks and a button stick several times on his body.

Gift was seriously injured and was feried to Mt Selinda Hospital where he was pronounced dead upon arrival.

The accused persons as read by the court are Shingai Mhlanga (29), Onai Vimbani (42), Batanai Simango (39) of Masocha Village, Chipinge, Maxwell Sithole (40) of Zibuka village, Chipinge, and Vitalis Dube (28) of 56900 Old Lobengula, Bulawayo.

The case that saw the face of Chipinge Magistrate Court on March 2, 2021 with prosecuting Timothy Katsande allerged that, on February 26, 2021 around 1100 hours the five accused persons including Terrence Kagogoda who is still admitted at Mt Selinda Hospital proceeded to Masocha Irrigation Scheme in Masocha Village under Chief Gwenzi, Chipinge and upon arrival Vitalis Dube who was armed with an AK47 rifle and Terrence Kagogoda who was armed with a button stick, both members of the Zimbabwe National Army and in army uniform called Gift Mahembe and Sifelani Mtisi to drew near them.

Mtisi who was holding a hoe in one hand and a machete in another and Mahembe who was holding a hoe charged towards the accused persons and Mtisi struck Kagogoda on his shoulder once with a machete and sustained a deep cut and Mahembe struck Sithole on his left figure with a hoe who almost lost a figure before the two evaded.

Mahembe was chased and caught by the accused persons who then took turns assaulting him.