A man from Dema in rural Seke, Mashonaland East Province, has been sentenced to 20 years’ imprisonment for the murder of his uncle, whom he killed after allegedly being mocked over his HIV status.
The convict, David Chakahwata of Ditima Village, attacked his uncle Thomas Taderera on 24 May 2017, repeatedly striking him with a shovel before dumping the body into a 12-metre-deep well.
Post-mortem examinations later revealed that Taderera died from hypovolemic shock and serious neck injuries. Chakahwata subsequently surrendered himself and confessed to the crime at Dema Police Station.
During trial proceedings, Chakahwata denied responsibility, claiming he was mentally unstable at the time and had been provoked. He told the court that the deceased had taunted him about his HIV status and threatened to evict him from the family homestead.
However, High Court judge Justice Esther Muremba rejected the defence, ruling that although there was evidence of provocation, it fell far short of justifying such extreme violence.
“A reasonable person confronted with such provocation would not have lost self-control to the extent demonstrated by the accused,” she said.
The court also dismissed claims of mental incapacity, noting that the law presumes an accused person to be of sound mind unless proven otherwise. Justice Muremba further observed that Chakahwata’s confession and his own testimony contradicted assertions that he had no recollection of the incident.
Describing the killing as intentional, the judge emphasised the need to protect the sanctity of human life.
While acknowledging mitigating circumstances — including an eight-year delay in finalising the case during which the accused married and fathered a child — the court ruled that the gravity of the offence warranted a lengthy custodial sentence.
“The sad reality about death is its permanence. Once life is taken, it cannot be restored,” Justice Muremba said in passing sentence.
