Gunshot amputee appeals high court verdict

A Zimbabwean double amputee, who received a lot of public sympathy after a farmer, Keitumetse Khunou shot him in 2013 over a payment dispute thereafter losing both arms, is appealing the high court verdict.
Gift Ncube, an illegal immigrant, had sued the farmer for attempting to kill him and lost the case. The shooting incident is said to have happened at Khunou’s ploughing field at Diphateng lands near Radisele where he had temporarily engaged Ncube to debush his field.

In his grounds of appeal, Moffat Dick said that the court erred in law when it made a finding the effect of which was to say the respondent acted in self-defence, without fully discussing the law of self-defence as governed by Section 16 of the Penal Code.
“Court erred in law when it held that an intention to kill, and not any other means would suffice for a conviction for attempted murder. (When the intention required by the law should be at least to cause grievous bodily harm)” said Dick. He said in his grounds of appeal that the court suggested that an explanation had to be given as to why the accused would shoot at the complainant hence confusing the issue of motive and intention.“Court erred in law by replying on the evidence of a witness who was initially admitted as per the joint minute in terms of Order 68 (4) (3) of the rules of the High Court but later withdrawn by the applicant at the start of the trial,” he said.

In his verdict, Zibani Makwade said that the accused did not intend to kill Ncube but he only wanted to scare him. He added that it was the first time the farmer engaged the illegal immigrant. He said that days before Ncube was shot, Khunuo engaged him along with Shepherd Ncube who was also a Zimbabwean. “Shepherd left before the completion of the work. Victor Sibanda was then roped in to complete the work with Ncube. Upon completion of the work, the accused gave Sibanda P500. The complainant refused to take the money from Sibanda saying that he was not hired by Sibanda and it was the accused person who was supposed to pay him,” said Makhwade.

He said that on the said date of the attempted murder, Ncube resided at one of the farmer’s residence in Radisele with his girlfriend, Magdeline Letlhogile.“It is not in dispute that a few days before the incident that gave rise to the charge, police went to Khunou’s field in search of Ncube and Shepherd,” Makhwade said. He said that the two were allegedly wanted in connection with theft at one Rra Peter’s place.He added that witnesses who testified about this incident said Ncube and Shepherd ran away but returned after the police had left. He said that it was alleged that the two had threatened to kill Rra Peter when he confronted them about theft at his place.

“There is no doubt that there was a breakdown of trust between Ncube and Khunou because of the visit by the police,” the judge said. Makhwade said that taking into account what transpired between the parties, there was no doubt that the complainant was angry stating that either a Zimbabwean or Motswana was going to die. “First he refused to take his share of money from Victor. On two occasions he refused to take a ride in the accused’s motor vehicle stating that he has never bought a vehicle. He refused to go and meet with Victor and the accused person to resolve the issue of payment.”He also said that Ncube refused to hand over the keys to the accused’s house and that there was no explanation given as to why the accused suddenly shot Ncube. Makhwade concluded: “I cannot find as a fact that the accused fired four shots at the complainant.

I also find it reasonably true that the shots were fired with the intent to scare rather than to kill the complainant.”In an interview with Botswana Guardian, the limbless Ncube said that he prays for justice to prevail. “My life has been a living hell since the incident, I cannot do anything for myself and I am also finding it hard to accept myself,” Ncube said.He said that the government has not made any efforts to help him. The only help I receive is the donations I get from Good Samaritans,” Ncube said adding that the hospital had at some point said they will give him artificial hands, “Unfortunately those hands were straight, they could not bend or anything, therefore I turned them down as they were of no use.” Kgololesego Segabo who is representing the accused in this matter is yet to file his heads in response to the state.