The State v Wellington Maphosa

On 27 October 2016, the accused, Wellington Maphosa, a 25-year-old male, accosted the deceased, Varaidzo Sibanda, a 40-year-old woman, in a bushy area known as Radio 2 near Village Kufa, Chief Masunda, Zvishavane. The accused intended to rob the deceased of her handbag. When the deceased resisted, the accused stabbed her once with a home-made knife on the left side of her chest, just above the left breast. The deceased screamed and fell unconscious. A neighbour heard the screams and rendered first aid. The deceased regained consciousness and was taken to Zvishavane District Hospital where her wound was sutured. She was transferred to United Bulawayo Hospitals for further treatment but died on the way. A pair of maroon slippers tied with soft wire, a blue tracksuit bottom with white stripes, and a blue T-shirt with blood stains were recovered from the accused. The accused was arrested at his home in Chivi. The accused pleaded not guilty, raising a defence of mistaken identity, claiming he was at his aunt's homestead in Sasula Village on the day in question.

• Whether the accused was properly identified as the perpetrator of the crime
• Whether the accused murdered the deceased with actual or constructive intent
• What is the appropriate sentence for murder committed in the course of a robbery

The accused was found guilty of murder with constructive intent and sentenced to 20 years imprisonment.

Where an accused person commits a robbery and in the course thereof stabs the victim once causing death, and there is evidence of resistance and struggle but no clear evidence of deliberate intention to kill, the appropriate verdict is murder with constructive intent. The court will find no danger of mistaken identity where multiple witnesses who knew the accused prior to the offence positively identify him, their testimony is corroborated by physical evidence linking the accused to the crime scene, and the accused cannot provide any reasonable explanation for why witnesses would falsely implicate him. Violence against women, particularly murder committed during robbery of defenceless women, warrants lengthy custodial sentences to reflect societal abhorrence of such conduct and constitutional protection of women's rights.

The court made observations on the identification of colours, noting that colours may have various shades depending on lighting and individual perception, and witnesses may refer to red as brown and vice versa. The court emphasized that violence against women is not countenanced and violates rights enshrined under section 52 of the Constitution of Zimbabwe. The court noted that the accused showed no remorse and pursued a false defence until forced to concede due to the weight of evidence. The court took judicial notice that witness identification of colours cannot be definitive. The court expressed its abhorrence of violence, particularly murder committed during robbery, and emphasized that such conduct will not be condoned.

This case demonstrates the Zimbabwean courts' strict approach to violence against women and murder committed during the course of robbery. The judgment reinforces the constitutional protection of women's rights under section 52 of the Constitution of Zimbabwe (Amendment No 20), 2013. It illustrates the application of the doctrine of constructive intent in murder cases where death results from violent robbery but direct intent to kill may not be established. The case also demonstrates proper application of identification evidence principles and the weight given to multiple corroborating witnesses who knew the accused prior to the offence.