AN ex-Lupane State University laboratory technician who
fatally assaulted his 52-year-old maid whom he was having an affair with after
discovering that she was HIV positive, was yesterday sentenced to five years in
jail.
Godson Zondo (40) from Emganwini suburb assaulted his maid
Khethiwe Zimba with a plank all over the body in February 2018 after he
discovered that she was on antiretroviral therapy (ART).
The maid, who was having an extramarital affair with Zondo,
had not told him that she was HIV positive and tricked him into having
unprotected sex twice at his matrimonial home.
Zondo took advantage of his wife’s absence to indulge in
sex with the now-deceased. The offence was committed when his wife was away in
Filabusi where she is a nurse.
Bulawayo High Court judge Justice Martin Makonese convicted
Zondo of a lesser charge of culpable homicide in connection with Zimba’s death.
Initially, the accused person was charged with murder. He will serve an
effective three years in jail after two years were suspended for five years on
condition that Zondo does not within that period commit a similar offence.
In passing the sentence, Justice Makonese condemned Zondo’s
conduct, saying it was deplorable.
“This offence is grave and serious and a life was
needlessly lost due to the accused person’s recklessness. The deceased lied
about her HIV status and even hid condoms resulting in the two lovers having
unprotected sex and it is clear that the accused person got angry upon
discovering antiretroviral drugs falling from the deceased’s bag,” he said. “It
is clear that he acted in the heat of the moment due to provocation and lost
self-control. He acted irrationally and his actions resulted in loss of life.”
The judge said courts discouraged infidelity, saying it
undermined the sanctity of marriage.
“The accused person ought to have acted responsibly and
exercised caution after the deceased had hidden the condoms. We however, don’t
accept accused’s assertion that he was seduced by the deceased when he in fact,
failed to exercise self-restraint by engaging in the sexual enterprise and his
moral blameworthiness is very high,” said Justice Makonese.
The judge said Zondo deserved a custodial sentence,
although it won’t be too harsh given the circumstances under which the offence
was committed.
Justice Makonese also took into consideration the fact that
Zondo compensated the deceased’s family with 18 head of cattle and also
assisted with the funeral expenses.
Prosecuting, Mr Blessing Gundani said on February 3, 2018,
Zondo and the now-deceased developed a sexual relationship after Zimba had
assured the accused person that she was HIV negative and they had unprotected
sex.
“On February 11, 2018, the accused and deceased had another
unprotected sexual intercourse. However, after sex, the accused person
discovered some ARV drugs which had fallen from deceased’s handbag,” he said.
The court heard that Zondo got angry and he confronted the
deceased and demanded to know why she lied. The two were involved in a heated
argument which degenerated into a fight. He took a plank and indiscriminately
attacked the deceased and she fell headlong to the ground and bled profusely.
Zimba, the court heard, died in hospital the following day.
According to the post-mortem, the cause of death was severe skeleton-muscular
damages, multiple injuries and callous murder.
In his warned and cautioned statement, Zondo said the
deceased seduced him after she opened the door half naked and suggested that
they have unprotected sex.
Mr Zibusiso Ncube of Ncube and Partners represented the
accused person. Chronicle
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