Justice Nicholas Ndou sitting with Mr Tholani Elias Ndlovu and Mr Felix Simon Dube as assessors at the Hwange Circuit Court was told this at the appearance of Kemesi Moyo last Thursday.
Moyo (53) of Manyenge Village, pleaded not guilty to the death of his daughter, Sikhanyisiwe (10), and was found guilty of a lesser charge of culpable homicide..
He was found not guilty and acquitted on the murder charge and was sentenced to eight years in jail of which five years were suspended for four years on condition of good behaviour.
Agreed facts between the State counsel, Mr Whisper Mabaudi of the Attorney General’s Office, and Moyo’s pro deo counsel Mr Esau Mandipa of Jabulani Ndlovu and Associates are that on 3 February 2003, Moyo assigned his daughter and her younger brother to herd two donkeys in the fields.
When the children were in the fields, the donkeys strayed and they went back home in the evening without the animals. When they got home, Sikhanyisiwe’s younger brother informed their mother that the donkeys had strayed.
Moyo, who was not at home when the children came back at 6pm, arrived at around 2am and his wife informed him about the missing donkeys.
This angered Moyo who armed himself with a piece of a fan belt and went to the kitchen hut where the children were sleeping.
When Moyo got to the kitchen, he found Sikhanyisiwe already standing next to her mother and he grabbed the younger brother and gave him a few strokes.
He later turned on Sikhanyisiwe and beat her all over the body including the head. At around 7am, the following day, Sikhanyisiwe was taken to Jimila Clinic from where she was referred to Tsholotsho Rural District Hospital and was later transferred to Mpilo Central Hospital where she was admitted for two days.
On 5 February, around 5pm, Sikhanyisiwe’s condition deteriorated and she died as a result of the injuries she had sustained as a result of the assault.