From left: LAO Tisungane Thawe, SLAA Ruth Harawa, Gezani Mkwinjiri, and SLAA Gift Somba
The High Court sitting in Mchinji has handed a three-year suspended sentence to Gezani Mkwinjiri, who was convicted of manslaughter following the death of his uncle, Sauzandi Diradi, in 2022.
According to Court reports, the incident occurred on 6th July 2022, after Mkwinjiri and Diradi left their homes to drink beer at Namasita’s house. While there, an argument ensued and escalated into a physical disagreement. During the fight, Mkwinjiri pushed Diradi, who fell unconscious.
He then escorted him home, where he narrated to his wife what had happened. While transport arrangements to go to the hospital were underway, Diradi died at the scene.
Mkwinjiri later surrendered himself to Guillime Police Unit upon learning of his uncle's death.
A postmortem examination confirmed that the cause of death was a head injury.
Mkwinjiri, who did not have a lawyer, was assisted by the Legal Aid Bureau. He was represented in court by Senior Legal Aid Advocates Ruth Harawa and Gift Somba, with support from Legal Aid Officers Glory Namisengo and Tisungane Thawe.
The accused pleaded guilty to the charge and was convicted on his own plea. The prosecution argued that the offense warranted life imprisonment but recommended a nine-year custodial sentence, acknowledging that Mkwinjiri was a first-time offender who had shown remorse.
In mitigation, Legal Aid Bureau lawyers submitted that Mkwinjiri did not contest the case or delay the Court by challenging the prosecution’s eight witnesses. Aged 38, Mkwinjiri was described as a responsible family man and a person of good standing in his community, serving as the right-hand man to Group Village Headman Mtamadzongwe.
It was also noted that he voluntarily reported the incident to police, continued living nicely with the deceased’s family, including his widow, and remained in the same compound as other close relatives. He was described as trustworthy and dependable.
In passing sentence, the Court acknowledged Mkwinjiri's acceptance of responsibility and sincere remorse, recognizing that he had acted under the influence of alcohol, which impaired his judgment. The Court further ordered that he support the deceased's widow, especially during the farming season, including sharing part of his harvest with her.
Given the strong mitigating factors, the Court concluded that imprisonment at Maula Prison was unnecessary and instead imposed a suspended sentence of three years. Under the terms of the suspension, Mkwinjiri must not commit any offense within 18 months and is expected to continue providing support to the late Diradi’s family as a breadwinner.
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