A brave grandmother and widow who killed a man who sneaked into her room before trying to rape her has been branded “disgusting” by a judge — but she will not be going to jail.
Thokozile Moyo, 56, of Tsholotsho, struck 70yearold Edward Vundla Nduna several times with a log after he crept into her room at midnight, stark naked. She left him lying prostrate on the floor and raced to inform the village head. Nduna died while being transported to Tsholotsho District Hospital in a wheelbarrow. Justice Francis Bere of the Bulawayo High Court, on circuit in Hwange yesterday, spared the motheroffour jail but still hammered her for what he said was the use of excessive force.
“We accept that Nduna was the aggressor who found no respect for you by coming to your homestead and demanding sex. However, your conduct is an insult to the law and disgusting,” the judge told Moyo during sentencing. The judge said Moyo applied excessive force which resulted in her neighbour’s death. A postmortem report gave the cause of death as multiple injuries and assault
Said the judge: “You used excessive force on a 70yearold man and attacked him as he lay helplessly on the ground. However, the mitigating factors outweigh the aggravating ones. Looking at the nature of the crime and circumstances surrounding it, we’re of the view that a 12month wholly suspended prison term would meet the justice of the matter.” Memory Munsaka, for the prosecution, said on May 19, 2013, shortly after midnight, Nduna was on his way home from a beer drink when he decided to pass through Moyo’s home. The court heard that on arrival at Moyo’s homestead,
Nduna removed his trousers and left them at the gate before proceeding to his neighbour’s bedroom hut. “He went inside Moyo’s hut which was not locked and started shouting obscenities as he demanded sex,” said Munsaka. Moyo allegedly tried to run away but Nduna grabbed her. He allegedly tried to rape her during which a scuffle ensued.
Moyo overpowered Nduna and pushed him to the ground before she picked a log and struck her neighbour several times on the knees and once on the left cheek,” said Munsaka. Moyo fled from the scene and left Nduna lying unconscious. She went to the local village head’s homestead to report what had happened. In mitigation, her lawyer Elvis Mashindi pleaded for leniency, saying she was a widow looking after her four children and grandchildren