EIGHT elderly men from Guyu, Gwanda district, who ganged up to assault suspected rustlers which led to the death of a suspect, have been found guilty of culpable homicide and assault before being slapped with a two-year jail term with an option of US$700 fine each.
Solomon Linda (70), Jacob Dube (68), Thando Sibanda (71), Cannan Moyo (72), Trust Mlilo (73), Nephat Moyo (71), Gift Ndlovu (71) and Phineas Ndlovu (75), who are members of the Beitbridge-Gwanda Anti-Stock Theft Association (BB-GASTA), were accused of fatally assaulting Sikhumbuzo Sibanda (46) in November 2021 and stripping his wife naked during a vigilante attack over suspected cattle rustling.
On Thursday, Bulawayo High Court judge Justice Naison Chivayo convicted them of both culpable homicide and assault before sentencing them to two years in jail each with an option of US$700 fine each, bringing the total amount to US$5 600.
Breakdown of the fines is US$600 for culpable homicide and US$100 for assault.
In sentencing them, Chivayo took into account that they had already spent approximately three months in custody on remand.
According to court papers, the accused agreed on November 1, 2021 to confront suspected stock theft syndicates terrorising villagers in the area.
They mobilised each other and rounded up suspects, including the now-deceased, before taking them to Dam 27 in Guyu.
The State noted that the accused took turns assaulting and torturing the suspects over three days, while attempting to recover stolen livestock.
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“On November 3, 2021, the accused led police to the scene, after which the suspects, including the deceased, were arrested on allegations of stock theft,” court papers read.
However, police reportedly observed visible injuries on Sibanda and referred him to Chelsea Clinic.
He was later transferred to Gwanda Provincial Hospital, where he died upon admission.
A report was subsequently made, leading to the arrest of the eight accused persons.
Testifying in court, the deceased’s wife, Sakhile Moyo, said a group of about 20 villagers stormed their homestead around 1am and force-marched her family into the bush.
“They used black whips, sticks and pick handles to indiscriminately assault my husband and others who had been captured,” she said.
“They stripped me naked and beat me on the backside with logs and sticks in front of my children, while I was carrying a baby on my back.”
Moyo told the court, the accused alleged that her husband, a traditional healer, was helping livestock thieves evade arrest through traditional means.
She said the assaults allegedly continued for three days.
However, GASTA members led by chairman Victor Vodloza Sibanda and Mphathiswa Ncube thronged the courts in solidarity with their elderly colleagues.
In a statement following the judgment, Sibanda said as GASTA, they respected and accepted the court’s decision, expressing appreciation to their legal team for their support throughout the trial.
“The association has since appealed to farmers, community members, and business partners for financial assistance to help raise funds to pay the fines imposed by the court,” Sibanda said.
BB-GASTA, a registered anti-stocktheft organisation operating in Matabeleland South, said it remains committed to combating livestock theft and working with the Zimbabwe Republic Police and other government departments.
The organisation has been active in co-ordinating anti-stock theft operations and community-based initiatives aimed at reducing livestock-related crime in the region.
