The State v Christoper Sibanda

### Preamble
1
HB 194.19
HC (CRB) 108/19
---------




THE STATE

Versus

CHRISTOPHER SIBANDA

IN THE HIGH COURT OF ZIMBABWE

MABHIKWA J with Assessors Mr T E Ndlovu and Mr J L M Zulu

HWANGE CIRCUIT 6 NOVEMBER 2019

Criminal Trial – Special Verdict

Mrs M Cheda, for the state

D Ncube, for the accused

MABHIKWA J:	The accused was charged with the crime of murder in contravention of section 147 of the Code in that on 27 June 2018 at around 1500 hours, along a footpath at Sikhewu village under Chief Sikhobokhobo area of Nkayi, the accused unlawfully struck Sibusisiwe Sigauke several times on the head with a hoe handle and also stabbed her on the throat with a knife intending to kill her or realising that there is real risk or possibility that his conduct may cause death but nonetheless continued to engage in that conduct despite the risk or possibility.

In answer to the charge the accused stated that he “heard” what had been read to him “but knew nothing about it.”   The court must state that it observed that the accused appeared incoherent and unbalanced in his conduct in court.

The state counsel read the admitted facts which the court marked “exhibit 1.”  Also produced by consent of accused’s counsel was the post mortem report number 593-592-2018 by doctor  S Pesanai which was admitted in evidence and marked “exhibit 2.”  It revealed that as marks of violence, the deceased had blood on her T-shirt, front, back, shoulder, face and head.  She also had a deep laceration on the right neck, a scalp haematoma on the left and right, lineal fracture on both parietal bones.  She also had a lacerated right jagular vein and carotid artery.  The cause of death according to the doctor was:

Haemorrhagic shock

Lacerated right neck vessels

Stab wound right neck

Assault

Also produced and marked “exhibit 3” is an affidavit deposed to in terms of section 278 (3) of the Criminal Procedure and Evidence Act (Chapter 9:07).  It was sworn to by doctor N Mawere.  He is a consultant psychiatrist.  In brief, his findings were that the accused literally knows nothing about his birth and childhood.  He does not know his parents.  All he knows is that he was brought up by a grandfather and he dropped out of school at grade 3.  Doctor Mawere opinioned that at the time of the alleged crime, the accused was suffering from a mental psychosis.  He opinioned further that the accused is therefore capable of performing acts whose consequences he does not appreciate.

Mnakaniso Mpofu is a villager from the same locality as the accused.  He has known the accused for about 14 to 15 years.  He testified that he would not say whether or not the accused is mentally unstable.  However, quite often, he has noticed that the accused behaves very weirdly, consistent with the conduct of a person of unsound mind.  He said that at times accused would meet women and try to undress them especially their skirts.  At times he would be seen steering a pot, pouring mealie meal into it as if cooking sadza when there is no fire at all.  On the day in question, he was alerted that the accused had killed a woman.  He got to the murder scene and found a black satchel, a black pot and pieces of a hoe handle.  These are items the accused was known to always carry with him.

Since the accused was no longer at the murder scene, he made a follow up.  He and other villagers caught up with the accused some 30 – 40 kilometres away from the murder scene.  He was hiding in a bush area armed with a catapult, a knife and an adze.  He was then arrested.

From the evidence before us, we are convinced that when he committed the offence, the accused was suffering from a mental disorder to such an extent that he was incapable of formulating a criminal intent.  He thus could not appreciate the consequences of his actions.

The court shall accordingly order as follows;

1.	That the accused is found not guilty by reason of insanity.

2.	That the accused shall be retained in prison custody pending transfer to Mlondolozi Special Institution for further examination if any, treatment and care in terms of section 29 (2) (a) of the Mental Health Act.

National Prosecuting Authority, state’s legal practitioners

Legal Aid Directorate, accused’s legal practitioners