A Zimbabwean national awaits sentencing in Botswana following his conviction on the murder of a former Member of Parliament in that country.
Jabulani Dube and his Motswana accomplice Mokgalemi Malea were facing charges of killing former Mochudi East lawmaker Isaac Davids in 2018.
The pair was employed by Davids as herd boys, stabbed the deceased on January 13, 2018.
According to Botswana media, Davids was killed at Sorilatholo village following an altercation with the two men when he found them drinking a traditional brew.
In his judgment last Friday, Gaborone High Court Judge Justice Michael Leburu said the State had proven beyond reasonable doubt that the suspects intentionally killed their former employer.
The judge said even though they claimed that he had provoked them by assaulting them, State witnesses told the court that Dube insulted Davids before the fight broke out.
The judge said the duo did not attack Davids’ as an act of self-defence considering that Dube stabbed him multiple times using two knives while he was trying to run away.
Justice Leburu ruled that there was no evidence that Davids had a gun in his vehicle as claimed by Dube.
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The court heard that police officers did not find a gun at the crime scene.
The judge said the violent attack by the two to the alleged provocation was excessive.
Justice Leburu ruled that the accused persons knew that by stabbing the deceased, they were likely to cause grievous bodily harm or death.
“According to the testimonies, Accused 1 (Dube) stabbed the deceased with a knife in his stomach, which is synonymous with the abdominal and chest stab injuries,” Justice Leburu said.
“Other injuries as recorded in the Post-mortem report, on the deceased’s forearms, corroborate Accused 2 and version of events in terms of accused 1 stabbing the deceased all over his body.”
Justice Leburu dismissed Dube’s claim that Davids had threatened to shoot them with a gun.
Dube was also found guilty of causing malicious damage to property after it was established that he used a belt to smash the windscreen of Davids’ vehicle on the fateful day.
Dube has been in prison since his arrest then, and Malea had his bail revoked.
The duos are set to be sentenced on November 6 following their conviction.
During trial, the two claimed Davids assaulted them with a log, saying they killed him in self-defence.
