A 52-year-old Shamva polygamist has been caged 20 years for murdering one of his 12 wives after she left their homestead without informing him.
Joseph Chogugudza killed his wife, Emerina Gangira on April
12 2021 at Mandimu village under chief Musana.
He was a fugitive for two months before he was locked up
following a citizen arrest.
His seven-year-old son who witnessed the events which led
to his mother's death told court the harrowing tale of how she was physically
abused for two days before she was killed in front of her co-wives in broad
daylight.
High Court judge Justice Priscilla Munangati -Manongwa
expressed concern over the issue of domestic violence saying femicide cases
before the courts currently confirm that
"the fight against gender based violence is far from over."
Gangira's son, Elisha said on the fateful day, his mother
went to buy sugar and returned in the afternoon.
When Chogugudza came home he started assaulting Gangira
with an electric cable on her head.
He said they retired to bed with his mother groaning in
pain.
Chogugudza shared the bed with Gangira that night.
The following morning he gathered his other wives and took
them to the shrine where he coerced Gangira to confess that when she left home
the previous day she met two different men she was having an affair with.
It was also proved that Gangira was visibly in pain and
still groaning.
Chogugudza ordered her to stop groaning, threatening to
assault her again.
They all returned from the shrine and Chogugudza assaulted
Gangira again, in front of his other wives accusing her of faking pain.
Gangira then collapsed and died on the spot before
Chogugudza vanished.
Villagers who were present tried resuscitating her to no
avail.
The court was told no one could confront or stop Chogugudza
because they all feared him.
He denied killing his wife, telling the court that he was
acting in self-defence.
Chogugudza said his wife had breached his rules by leaving
the homestead without informing him.
He also told the court that when he confronted her for
returning home late, Gangira confessed to having been with two men earlier that
day.
It was his testimony that she became violent and grabbed
his privates before he hit her with a cable.
However, he gave conflicting evidence exposing that he was
lying under oath.
The judge ruled Chogugudza deserved a long custodial
sentence for not being remorseful and trying to justify his actions.
Ruled the judge, "It is this court's finding that the
accused realising that there was a real risk or possibly that his conduct may
cause death, he continued to assault the deceased despite the risk or
possibility that death could ensue. The accused is thus found guilty of murder.
"The court takes note that the accused is 52 years
old, married to twelve wives, has 45 children 28 of which are below the age of
18 years. Definitely the accused has a huge family responsibility as the family
relies on him for sustenance.
"It is not in dispute that the accused is a first
offender. However, the crime of which the accused has been convicted of is a
very serious one. A life was lost. The accused did not show any contrition as
his attitude bordered on justifying his actions."
She added: "He sought to picture the deceased as
promiscuous and yet he admitted that he had no evidence to substantiate his
allegations.
"In essence the deceased had done nothing wrong apart
from going to the shops to buy sugar, a normal chore which any housewife could
do.
"Whilst it is appreciated that as per African custom
accused can atone his sins by paying the family of the deceased it is obvious
that a life lost can never be compensated. The deceased's family lost a
daughter, Elisha lost a mother and witnessed the assault which led to his
mother's death.
"Given the aforegoing, the accused is sentenced to 20
years imprisonment".
NewZimbabwe
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