The State v Danis David Konson

The 62-year-old accused was charged with the murder of Siphathisiwe Ncube on 10 September 2012 at Mateteni Business Centre in Lupane. The accused and deceased had been in a boyfriend-girlfriend relationship but the deceased terminated it to marry Sikhumbuzo Khumbulani Dube, who had followed customary procedures and was living with her. The accused, unable to accept the termination of the relationship, armed himself with a C.Z. pistol loaded with 6 rounds of ammunition and traveled 210 km from Bulawayo to Jotsholo at night. He deceived police at Jotsholo Police Station, claiming he was a law-abiding person seeking assistance with a business dispute. A police officer, Constable Wisdom Matupire, accompanied him to fetch the deceased. At the business centre, without warning or exchange of words, the accused shot the deceased three times—below the left ear, on the left thigh, and later on the forehead to ensure she was dead. He also shot Constable Matupire in the chest (who later died in an accident while on sick leave) and attempted to shoot witness Lindiwe Ndlovu to destroy evidence. Post-mortem examination revealed gunshot wounds to the head causing severe brain damage and death. Letters and messages from the accused revealed he had been begging the deceased to return to him after she ended the relationship, and the deceased had warned him not to come or face violence.

• Whether the accused was guilty of murder with actual intent
• Whether there was any provocation that could reduce the accused's culpability
• Whether there were any extenuating circumstances that would prevent the imposition of the death penalty

The accused was found guilty of murder with actual intent. No extenuating circumstances were found. The accused was sentenced to capital punishment (death penalty).

Self-induced provocation arising from the victim's legitimate decision to terminate a romantic relationship does not constitute legal provocation that can reduce culpability for murder. Where an accused carefully plans a murder, arms himself, travels a significant distance with the intent to kill, deceives law enforcement to facilitate the murder, shoots the victim without warning, attempts to kill witnesses to destroy evidence, and returns to ensure the victim is dead, such conduct demonstrates wickedness and cruelty that precludes a finding of extenuating circumstances, warranting the imposition of capital punishment.

The court observed that the accused's behavior of wanting to maintain a boyfriend-girlfriend relationship without taking steps toward marriage while showering the deceased with gifts and money was grossly unfair and immoral, characterizing him as a "dangerous sugar daddy" who wanted to waste a 27-year-old woman's life with no intention to marry her. The court noted that the deceased needed to settle down and marry, which is why customary formalities were observed without delay when she met Sikhumbuzo. The court also remarked that people do not normally greet others in a rude or derogatory manner as the accused did when calling the witness "Siphathisiwe's maid or female worker."

This Zimbabwean High Court case demonstrates the application of the death penalty in cases of premeditated murder where no extenuating circumstances are found. It illustrates the court's approach to rejecting self-induced provocation as a defence and the importance placed on factors such as premeditation, deception of law enforcement, attempts to destroy evidence, and cruelty in determining the absence of extenuating circumstances. The case serves as precedent for cases involving murder arising from the inability to accept the termination of romantic relationships.