The State v Nkosikhona Ngwenya

On 9 September 2020 at about 20:00 hours, the accused (aged 19) and the deceased were returning home from Godweni grounds where they had been watching a soccer match. A misunderstanding arose when the deceased accused the accused of having an affair with his wife. The deceased attacked the accused with a knobkerrie, felled him to the ground, and went on top of him. The accused withdrew an Okapi knife from his pocket and stabbed the deceased once in the chest, then fled. The deceased was found lying dead along a footpath. The post-mortem revealed the cause of death as acute anaemia and cardiac and pulmonary laceration from the stab wound. The Okapi knife used had a blade 12cm in length and 2cm in width. There were no eyewitnesses to the incident. The accused was a youthful first offender with only a Form 1 education, from a rural background, and had consumed some beer.

• Whether the accused was guilty of murder or culpable homicide
• Whether the defence of person (self-defence) was available as a complete or partial defence to murder
• Whether the requirements for self-defence under section 253(1)(a)-(d) of the Criminal Law Code were met
• What constitutes reasonable means when defending oneself from an unlawful attack
• What is an appropriate sentence for a youthful first offender convicted of culpable homicide in circumstances involving partial self-defence

The accused was found not guilty of murder but guilty of culpable homicide. He was sentenced to 6 years imprisonment, of which 2 years was suspended for 5 years on condition that he does not commit any offence involving assault on another person during that period for which he receives imprisonment without the option of a fine. Effective sentence: 4 years imprisonment.

For the defence of person (self-defence) to be a complete defence to murder, all requirements under section 253(1)(a)-(d) of the Criminal Law Code must be met, including that the means used to avert the attack must be reasonable. Where an accused uses unreasonable means to defend against an unlawful attack—such as plunging a 12cm blade knife into an attacker's chest causing fatal lacerations to vital organs—the defence of person is available only as a partial defence to murder, reducing the conviction to culpable homicide rather than providing a complete acquittal. The use of a lethal weapon with fatal consequences constitutes unreasonable means even where self-defence was otherwise justified. In sentencing youthful offenders for culpable homicide, courts must consider that youthfulness brings immaturity, lack of life experience, and irrationality, which warrant more lenient sentences than would be imposed on mature offenders for comparable conduct.

The court made several obiter observations: (1) The prevalence of knife use in society is worrying, with knives appearing to have become the weapon of choice; (2) Young men ought not to move around with knives, given that their youthfulness tends to cause them to act before they think; (3) Okapi knives are prohibited knives for good reason, as possession poses a serious threat and they can be recklessly used with disastrous consequences; (4) The sanctity of life ought to be respected and courts need to send the message loud and clear that the taking of life will be visited by exemplary sanctions; (5) The stigma of taking a life will haunt the accused for the rest of his life, as society can be very unforgiving and the label 'that murderer' will likely follow the accused for life; (6) At 19, the accused will live with the guilt of having taken a life, which is a huge weight on such a young person's shoulders.

This case is significant in Zimbabwean criminal jurisprudence (relevant to South African law due to similar legal principles) as it illustrates the application of partial self-defence in homicide cases. It demonstrates how courts assess the reasonableness of means used in self-defence situations, particularly the use of lethal weapons like knives. The case also highlights the court's approach to sentencing youthful offenders in culpable homicide cases, balancing the need to protect the sanctity of life and deter knife violence against the recognition that youthful immaturity warrants more lenient treatment than would be appropriate for mature offenders. It addresses the growing concern about knife possession and use in society.