
Lydia Kahwema of Mangatu Village under Chief Marange was
initially jailed for eight years when she appeared before High Court judge
Justice Hlekani Mwayera charged with culpable homicide.
Justice Mwayera set aside four years of her jail term on
condition that she does not commit a similar offence within the next five
years.
Kahwema was initially charged with murder after she
assaulted her son, Tafadzwa, to death, before the State preferred culpable
homicide charges.
In sentencing Kahwema, Justice Mwayera said the court had
to weigh in and show that the sanctity of human life cannot be eroded by
violent and irrational individuals.
“The accused’s conduct bordered on recklessness as she
brutally and viciously assaulted her 13-year-old child using switches and
further busting the head against a wall,” he said.
“The moral blameworthiness is high given the child looked
up to the mother for protection and support.
“The child had been sent away from school for a ballpoint
pen and for him to be visited with such a vicious attack by the mother was
unwarranted. The mother had a duty and obligation to maintain the child.”
Justice Mwayera described the attack as the worst form of
domestic violence which calls for severe punishment.
“A civilised community should uphold a homely atmosphere
which is peaceful and readily available to resolve differences in a peaceful
manner,” said Justice Mwayera.
“To severely and fatally assault a child for a pen is
unacceptable and must be condemned. The child was subjected to torture both at
home and at school.
“The right to education was offended by being chased away
from school. Further, the child’s rights were crushed by the mother who
violently attacked the child instead of shouldering the duty of care and
provision on herself. The irresponsible and cruel conduct by the mother calls
for a custodial sentence.”
Circumstances leading to Kahwema’s arrest were that on
February 26 last year, the late Tafadzwa was sent home from school for not
having a ballpoint pen.
His return did not go down well with Kahwema, who then
started assaulting him with switches several times all over the body.
Kahwema went on to smash her son’s head against the wall,
leaving him with serious injuries. The 13-year-old later died from the injuries.
Meanwhile, Gabrielle Gede reports that two suspected armed
robbers who were nabbed in Marondera after they broke into a Versface Investments
director’s car which was parked in Mutare’s city centre and went away with $40
000 cash, have appeared in court.
Philip Chirinda (35) and Joseph Ruwona (29) appeared before
Mutare magistrate Mr Tendai Mahwe charged with robbery.
Prosecutor Mr Chris Munyuku alleged that on March 21 this
year, Versface Investments director Mr Geofrey Ngonyama collected money from
his office and drove to his friend, Resistance Mundembe’s workplace at Big Bite
Investments in Mutare.
Reports are that Ngonyama and Mundembe exchanged cash while
seated in a car.
Chirinda and Ruwona then spotted the two while counting the
money.
Reports are that Ngonyama drove to a carpentry shop where
he also collected $5 000 and drove to Old Sasu Hospital.
The two suspected robbers are said to have started tracking
Ngonyama from the time he left Mundembe’s workplace.
The court heard that Chirinda and Ruwona then broke into
Ngonyama’s car when he was parked at Old Sasu Hospital after collecting the
money from a carpentry shop.
They allegedly stole $40 000 and drove away. Ngonyama is
said to have been alerted of the robbery by his car’s alarm and made a chase.
Ngonyama is said to have almost caught up with the two
suspects at Christmas Pass after a high-speed chase, but was forced to abandon
the pursuit by gunshots fired by the two.
It is the State’s case that Ngonyama went to lodge a
complaint at Mutare Central Police who then alarted Rusape and Marondera
police.
Chirinda and Ruwona were intercepted in Marondera, leading
to their arrest. One of their accomplices escaped and is still at large. Herald
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