The State v Pinana Manenji

On 19 March 2017, the 22-year-old accused and his accomplice Goddie Zvenyika approached the deceased Elliot Kutsirayi and his colleague Calton Zhou at Lennox Mine in Mashava, where they were engaged in artisanal gold mining in a pit. The accused and Goddie demanded that the deceased and Calton surrender the gold ore they had extracted. When they refused, the accused and Goddie withdrew machetes hidden on their waists and simultaneously attacked both men. The accused struck the deceased on the head with a machete, inflicting a severe 8cm laceration. Both accused and Goddie attacked the victims interchangeably with machetes. Calton managed to escape despite severe injuries to his hands and head, and reported the incident to police. The deceased was transported to ZRP Mashava by a Good Samaritan, Admore Muzamani. Both victims were admitted to Masvingo General Hospital for 4 days. After discharge, the deceased's condition deteriorated, and he was re-admitted at Chivi District Hospital on 4 May 2017, where he died on 8 May 2017 from head injuries. The accused fled to Chegutu with Goddie and was arrested 5-6 months later in September 2017.

• Whether the accused assaulted the deceased with a machete
• Whether the accused acted in common purpose with his accomplice Goddie
• Whether the head injuries inflicted by the accused caused the deceased's death
• Whether there was a novus actus interveniens (intervening act) that caused the death
• Whether the accused had the requisite mens rea for murder
• Whether the accused's defense of total denial was credible

The accused was found guilty of murder with constructive intent in contravention of section 47(1)(b) of the Criminal Law (Codification and Reform) Act [Cap 9:23] and sentenced to 20 years imprisonment. The court noted aggravating factors including premeditation, use of a weapon, the vicious and merciless nature of the attack, lack of remorse, and the accused's previous 2017 conviction for attempted murder.

Where an accused attacks a victim with a lethal weapon (machete) on a vulnerable part of the body (the head) using severe force, and the victim dies from those injuries, the accused is guilty of murder with constructive intent if he realized there was a real risk or possibility that death might result, even if he did not intend to kill. Conduct inconsistent with innocence, including flight from the scene and failure to report or assist the victim, supports an inference of guilt. Where two persons act in common purpose in a violent attack using lethal weapons, both may be held liable for the consequences. The doctrine of novus actus interveniens cannot be invoked based on mere speculation about medical negligence or subsequent injury without credible evidence; where a victim dies from injuries sustained in an assault and there is uncontroverted evidence of continuous suffering from those injuries until death, the causal chain remains unbroken.

The court took judicial notice of the number of criminal and civil disputes emanating from Lennox Mine in Mashava, describing it as 'seemingly very controversial and cursed' due to the abundance of gold and resulting conflicts. The court emphasized that violence involving artisanal miners, particularly 'machete wars', is very prevalent in areas like Mashava, Shurugwi, Gwanda, and Kwekwe, and that it is incumbent upon the courts to ensure that those involved in artisanal mining do so lawfully and peacefully. The court noted the well-known scarcity of drugs in public hospitals and that patients can be discharged upon their own request for various reasons. The court observed that the accused's legal counsel was 'understandably at pains to address us in mitigation' given the limited mitigating factors available. The court warned the accused: 'you will never win the war with the law' and that he would 'spend the most of your productive life working for nothing in prison.'

This Zimbabwean High Court judgment is significant for its treatment of violence in the artisanal mining sector, particularly so-called 'machete wars' at mining sites. The court emphasized the need for deterrent sentences to ensure that artisanal mining is conducted lawfully and peacefully, taking judicial notice of the prevalence of violent criminal and civil disputes at Lennox Mine and other artisanal mining areas in Zimbabwe (Mashava, Shurugwi, Gwanda, and Kwekwe). The case demonstrates the court's approach to common purpose liability in joint criminal enterprises and the rejection of defenses based on alleged intervening medical negligence without substantive evidence. While this is a Zimbabwean case, it may be of comparative interest to South African courts dealing with similar issues of violence in the mining sector and illegal mining activities.