Community service for killing neighbour over stray cattle

A 53-YEAR-OLD woman from Chiwundura, who hit her neighbour with a log in a dispute over stray cattle was lucky to escape prison after she was ordered to perform community service for the offence.

By Stephen Chadenga

Letwin Garatiya of Chinyama village under Chief Gambiza assaulted Tinos Magedhi (63) after the latter’s cattle had strayed into her vegetable garden on August 26 last year.
Magedhi later died due to the assault.

Garatiya had appeared before regional magistrate Morgan Nemadire facing charges of culpable homicide.

Nemadire sentenced Garatiya to five years in jail, but suspended two years on condition of good behaviour.

A further three years were suspended on condition that Garatiya performed 520 hours of community service at Muchakata Police Post.

It was the State’s case that on August 26 last year, Garatiya approached Magedhi at his homestead to inquire why his cattle had strayed into her garden.

A misunderstanding arose between the two and Garatiya proceeded to her homestead, where she picked a log, returned to the deceased’s homestead and hit him on the head.

Magedhi sustained a wound, as a result of the assault and was rushed to Muchakata Clinic before being referred to Gweru Provincial Hospital.

Magedhi, however, succumbed to the assault injuries on August 28, two days after the incident.

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  1. According to the stupid constitution adopted in 2013, women are allowed to kill and are not responsible as they were oppressed for a long time. The idea is to achieve equality with men. Prof Lovermore Maduku, a constutional expert was against this stupid constutiona but was beaten as failed to attract voters.

    1. This has got nothing to do with the 2013 constitution. This is the presiding magistrate’s discretion. That’s professionalism. Magistrates are allowed by the law to exercise their discretion depending on facts presented to them during trial. Nothing amiss here.

  2. zimbabwean women are allowed to kill, rape and abuse. wat a shame. The judge who presided over that case was bribed or wat? going back to her house to collect a hoe whch she used to attack him proves suffices that she intented to kill.

  3. But what was her state of mind when she committed the offence? That’s part of the magistrate’s duty to come to a conclusion after giving due consideration to all relevant facts.



  5. kana uchitongwa mudare redzimhosva usataruse pasi kana kukakama, taura mapoints ako zvakanaka mhosva unoibuda kana kuti mutongo wako unorerutswa.

  6. i fail to see why community service for murder or else the matter is incorrectly reported

  7. Then is this sentence going to deter other would be murderers????

  8. This is very sad for the family who lost their breadwinner. The judge was too linient.

  9. Zim women can commit any crime and get away without any punishment. They should not make an error of visiting Asian countries.

  10. Now we can all die under their hand with no justice! Stupid constitution!

  11. culpable homicide as reported in the article , unless if i missed the point guys. Its a lesser charge to murder and usually tried at regional courts and one can be lucky to get away with a paltry fine depending on circumstances that led to killing. Murder as an offence is tried at high courts, bail application done at high courts and appeal reviews presided over by courts above this level. Hameno kana ndanyatsa kutsetsemura hangu. Handei tione !!!

  12. this is a premeditated offense. the weapon used was dangerous enough to kill. what constitutes murder? does it mean if a person dies less than 30 minutes or 1 hr or 48 hours. does time come into effect. It appears this is a murder case? the case must be reviewed by a higher court.

    P. chimusoro

  13. mush bc, i concur with you entirely. what i only wish to add is that bail aplication may be done and decided at the magistrate court that is if the state do not oppose it. that is in terms of the CP&E Act.

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