The State versus Silvester Sakasu

On 23 December 2019 at 44 Leslivlei Farm, Chief Mutema Chipinge, the accused, a security guard, shot and killed Mathew Mucherere, a settler farmer and chairperson of the settlers. The accused was employed to guard fields claimed by recently allocated landowners (Goredema and Marezva), which were in dispute with settler farmers who had legally settled on the plots since 2001. A confrontation occurred when settler farmers came to check on their macadamia nut plants with a view to fumigating them. The security guards drew a line and warned that anyone crossing it would be "history". When the deceased arrived at the scene, he was shot by the accused using a Bikal Shotgun on the right side of the abdomen from approximately 20 metres away. Hussein Souza was also injured by splinters from the same shot. The deceased died on 24 December 2019 at Chipinge District Hospital. A post-mortem revealed multiple entry points on the body and concluded death was due to exsanguination. The accused claimed he fired randomly into a macadamia shrub to scare away a mob of over 20 people armed with logs, stones and machetes who were threatening the guards.

• Whether the accused intended to kill the deceased (dolus directus)
• Whether the accused foresaw the possibility of death but continued regardless (dolus eventualis/constructive intent)
• Whether the accused acted in self-defence or defence of property
• Whether the shooting was justified under the circumstances

Verdict: Guilty of murder with constructive intent in contravention of s 47(1)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Sentence: 10 years imprisonment.

A trained security guard who uses lethal force without following proper protocols (warning shots, shooting to the side, aiming at lower body parts) and who shoots at close proximity knowing the likely fatal consequences, is guilty of murder with constructive intent under s 47(1)(b) even if he did not have the direct intention to kill. The defence of property does not arise where there is no proof that the property legally belongs to the person being defended. A security guard who ought to have foreseen that his actions would lead to death and was reckless of such result is criminally liable for murder with constructive intent, particularly where he was not under direct personal threat and none of his colleagues were injured.

The court observed that cases of murder involving security guards at macadamia nut farms are on the increase in Manicaland Province, particularly in Chipinge and Chimanimani districts. The court called upon the police department to carry out massive awareness campaigns and advocacy among security companies to extensively train guards and avoid loss of life in situations where such can be avoided. The court suggested that legislation should make provisions to cancel operating licences of security companies where guards do not abide by safety precautions to protect and value life. The court noted that the accused's moral blameworthiness was reduced by the fact that he committed the offence whilst on duty where he wrongly believed he was performing his work, though the offence remained serious.

This case addresses the increasing problem of security guards using excessive force in land disputes, particularly involving macadamia nut farms in Manicaland Province (Chipinge and Chimanimani districts). It establishes important principles regarding: (1) the duty of trained security guards to follow proper protocols before using lethal force; (2) the limitations of self-defence and defence of property claims when protecting disputed property; (3) the standard for constructive intent (dolus eventualis) in murder cases where the accused foresaw the possibility of death but proceeded regardless; (4) the need for proper training of security personnel and accountability of security companies. The judgment calls for legislative intervention to cancel operating licences of security companies whose guards fail to abide by safety precautions.