The State v Constantine Ngwarati

On 17 April 2025, the accused Constantine Ngwarati visited a relative at Aberdeen Farm (also known as Chikumbu). After failing to locate his aunt, he went to the local beerhall at Mahuswa with Edwin Humire and Bongani Chitashu, consuming alcohol from 3pm to around 10pm. In two separate but temporally linked incidents, the accused allegedly stabbed two persons with an okapi knife. First, he stabbed Lisa Chaira in the stomach after she crossed paths with him and Edwin while they were urinating by the roadside; a verbal confrontation ensued and the accused unexpectedly stabbed her. Second, he fatally stabbed Trymore Landirani, a mentally handicapped young man, in the stomach. The deceased was described as a harmless, peaceful wanderer who survived by begging around the beerhall area. Lisa survived after hospitalization, but the deceased succumbed to his injuries. A search party was formed and the accused was apprehended with the murder weapon. The accused was a 22-year-old artisanal miner who possessed a prohibited okapi knife.

• Whether the accused stabbed the deceased to death
• Whether the accused acted in self-defence as defined in section 253 of the Criminal Law Code
• Whether the accused had the requisite intent for murder (actual or constructive intent)
• Whether aggravating circumstances existed warranting the statutory presumptive sentence of 20 years for murder with legal intent
• The appropriate sentence considering the sentencing guidelines, principles and objectives

The accused Constantine Ngwarati was found guilty of murder with constructive intent in terms of section 47(1)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 20 years imprisonment.

The binding legal principles established are: (1) A defence of self-defence under section 253 of the Criminal Law Code fails where the accused cannot establish the essential requirements cumulatively, including the existence of an unlawful, imminent attack or threat. (2) Murder with constructive intent is established where the nature of the weapon used (prohibited knife), the location of the injury (stomach causing intestines to be exposed), and the circumstances demonstrate legal intent even absent premeditation or planning. (3) Self-contradictory testimony in court, when compared with earlier formal admissions to police (confirmed warned and cautioned statements and indications), can be rejected as false afterthoughts. (4) The presumptive sentence for murder with legal intent where aggravating circumstances exist is 20 years imprisonment in terms of sentencing guidelines. (5) Aggravating circumstances include: use of prohibited weapons, attacks on vulnerable victims (mentally handicapped persons), unprovoked violence, and the degree of moral blameworthiness and culpability.

The court made several notable obiter observations: (1) The court expressed concern that the accused was not charged with the attempted murder or assault of Lisa Chaira despite evidence (including the accused's own indications to police) showing he had a case to answer. The court noted it was "least amused" by the State's failure to combine the charges or prosecute Lisa's case separately, and that it was the duty of the prosecution to ensure justice is done. However, the court acknowledged it could not make a case for the prosecution. (2) The court observed that artisanal miners as a group are characterized by "unchecked possession of illegal knives and their passionate and unhesitant use of those weapons at the slightest or nil provocation." (3) The court commented that while the legislature has enacted laws prohibiting dangerous weapons and penalizing their possession, and the judiciary can impose appropriate sentences, "it is the law enforcement branch that seem to be falling short of coming up and implementing effective measures to curb this deadly menace." The court stated there must be instant searches and arrests for those who sell, smuggle and possess dangerous banned knives and weapons. (4) The court observed that in the artisanal miners' world, young people in the accused's age group (22 years) "is the most dangerous" despite characteristics of immaturity. (5) The court noted it was unclear how the absence of the accused's father during crucial formational and adolescent stages affected his upbringing.

This case reinforces important principles in Zimbabwean criminal law applicable to South African jurisprudence: (1) The court will scrutinize defences of self-defence rigorously, requiring consistency and credibility, and will reject defences that are false, improbable or contradictory. (2) Confirmed warned and cautioned statements and indications made to police voluntarily and without duress constitute strong evidence that can be used to corroborate witness testimony and discredit inconsistent defences raised at trial. (3) The use of prohibited weapons (such as okapi knives) in unprovoked attacks on vulnerable persons constitutes a serious aggravating factor warranting substantial custodial sentences. (4) The case emphasizes the need for law enforcement to curb the possession and use of illegal weapons, particularly among artisanal miners. (5) Courts must balance sentencing objectives of retribution, deterrence, rehabilitation and protection of society, with particular emphasis on deterrence where dangerous weapons are used against vulnerable victims. (6) The case demonstrates the principle that mentally handicapped persons constitute a vulnerable class requiring heightened protection.