Dube (46) of Habane Extension Township was in 2020
convicted of murder and sentenced to an effective 10 years in jail by Bulawayo
High Court judge, Justice Maxwell Takuva in connection with the death of Prince
Antony Bvundura in September 2018.
Last year, he was released by the High Court on $30 000
bail pending appeal against his conviction and sentence at the Supreme Court.
Dube shot Bvundura, a member of a rival mining gang in
Esigodini, in the heat of a fight over a mining claim at Block 13 Atlas Mine in
Esigodini using a Voere 458 calibre rifle.
Bvundura was aged 22 at the time of his death.
In October last year, Dube successfully applied to the
Supreme Court to be granted leave to note the appeal challenging his conviction
and sentence.
In papers before the court, the State was cited as a
respondent.
In dismissing the appeal, Supreme Court judge, Justice
Alfas Chitakunye sitting with Deputy Chief Justice Elizabeth Gwaunza and
Justice Hlekani Mwayera said Dube deplorably failed to show that the High Court
erred in its assessment of the evidence placed before it and in convicting him.
“It is clear that nothing has been placed before this court
warranting interference with the sentence imposed by the court a quo.
The appellant (Dube) lamentably failed to show that the
court a quo erred in its assessment of the evidence placed before it, and in
convicting the appellant as it did,” he ruled.
“Equally, the sentence was not shown to be inappropriate in
the circumstances.
The entire appeal has no merit and accordingly, the appeal
against both conviction and sentence, is hereby dismissed.”
Justice Chitakunye said he found merit in the High Court’s
finding that Dube parked his vehicle with lights shining on the miners, because
one of his rivals was able to see that the appellant was armed with two
firearms; a rifle in his hand and a revolver tucked in his trousers at the
waist.
The judge said Dube’s testimony was full of inconsistencies
and improbabilities casting doubt on his version.
“As a result, the court a quo cannot be faulted for
believing the State’s version of events of what transpired on the fateful day
over the appellant’s version.
The conclusion that the appellant was reckless in firing
the firearm in the direction of one of the witnesses, Mncebisi Mguni and others
in his company is sound,” he said.
“The circumstances were such that he ought to have realised
that there was a real risk or possibility of hitting someone and thus causing
their death.”
Justice Chitakunye said despite that realisation, Dube
proceeded to discharge the lethal firearm towards Mguni and company.
“I, therefore, find that there is nothing warranting this
court’s interference with the verdict of the court a quo,” he said.
In his grounds of appeal, through his lawyer Mr Leopold
Mudisi of Mutendi, Mudisi and Shumba Legal Practitioners, Dube argued that the
State failed to prove its case beyond reasonable doubt.
He said his conviction and sentence were not warranted.
Dube contended that the lower court erred by convicting him when there was no
evidence to support his conviction.
He submitted that his conviction was unsafe, arguing that
the State relied on uncorroborated evidence.
“In my evidence, I mentioned that I accidentally discharged
my revolver following an attack by gold panners.
The State had a duty to prove that the projectile which
caused the death of the deceased was discharged from my rifle and that I was
not attacked resulting in me falling into a pit,” argued Dube.
He argued that the firearm accidentally discharged after he
stepped on a rock and fell down while fleeing a mob, which was throwing stones
at him while baying for his blood.
Mr Khumbulani Ndlovu, who represented the State, opposed
the appeal, saying the State had proved beyond reasonable doubt that Dube
deliberately shot and killed Bvundura.
“It is common cause that the deceased was shot by the
applicant and died from a gunshot wound.
The court was alive to the fact that the State needed to
prove its case beyond reasonable doubt,” he said.
“The court rejected the notion that there was an accidental
discharge. The court analysed the evidence and concluded that the applicant
proffered two versions.”
According to court papers, on September 26, 2018, Bvundura
went to work at Block 13 Atlas Mine in Esigodini in the company of his
workmates. On the same day, Dube arranged a gang of about 20 people so that
they could disperse everyone and take over the mine where there was a gold
rush.
At about 11PM, Dube armed himself with two guns, a revolver
and a rifle and his accomplices were carrying machetes, axes, shovels and
picks.
He drove to the mine in his Toyota Land Cruiser with his
gang and on arrival at the mine, he chased away all miners, claiming he had
been granted authority to operate at the mine by the owner, one Mr Tendai
Musanangura.
Bvundura, who was part of a group of miners fleeing during
the skirmishes, was shot and he died on the spot.
According to the post-mortem results the cause of death was
gunshot wound, heart destruction and hypovolemic shock. Chronicle
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