“TAKE all from a person, but spare him his life.” Those were the words of magistrate Bongani Ndlovu during the sentencing of a Zambian national convicted of culpable homicide (manslughter) on Monday, according to the ‘Namibian’ Newspaper
Given Kaunda Kashweka (37) was sentenced to imprisonment for three counts, being culpable homicide (four years), the obstruction of justice (six months) and entering Namibia illegally (five months). It was, however, ordered that he serves the six months imposed for the obstruction of justice concurrently with the four years for culpable homicide.
Kashekwa is a Zambian national who came looking for a job in Namibia in 2008.
It is alleged that on 10 August 2015 near the Zambezi River in the Kalimbeza area, Kashekwa assaulted Eugine Pumulo Matongo. Earlier that day, the two were drinking a home-brew called ‘tombo’ with two individuals only known as Richard and Namakando at a cuca shop. Kashweka and Matongo, along with Namakando, then travelled on a canoe when they started arguing.
Kashweka hit the deceased several times on his head and pushed him, causing him to fall and hit his head on the front part of the canoe. He died instantly.
The canoe became unstable, and water started filling up. Kashweka and Namakando then jumped off and swam back to the shore, leaving the deceased behind.
Namakando turned state witness.
“Before Kashweka pushed the deceased, he was already unconscious from the blows he had received from the accused. Kashweka told me and Richard not to tell the other villagers that he had assaulted the deceased, and that he only drowned because he could not swim”, Namakando testified.
Richard, who was on shore, ran and told people from the village that Matongo had drowned.
That is when the police were called.
In mitigation, Kashweka said he had lost his parents at a very young age; did not go to school at all; and was now married with two children.
“I feel sorry for what happened. I did not intent to kill the deceased”, he said.
Kashweka was represented by State-funded lawyer Hope Ngara