A Harare South resident, Memory Marira, has been sentenced to 15 years in prison by the High Court after she killing her husband, Lovemore Tembo, with a soft drink bottle during a heated domestic dispute.
The incident occurred in their Ushewokunze home following an argument over Tembo’s plans to drink with friends. Despite pleading not guilty to murder, Marira admitted to striking Tembo with the bottle. Justice Lucy Mungwari presided over the case and delivered the verdict after a comprehensive trial.
The Events Leading to the Tragedy
According to court records, the altercation occurred on January 20. Tembo announced his intention to leave the house for a social gathering with his friends, which Marira vehemently opposed. Their disagreement escalated when Tembo returned home after being pursued by his wife.
Once inside, Tembo allegedly provoked Marira by challenging her to act on her frustration. He later declared he would skip the outing with friends to attend a local traditional beer-drinking event, which Marira still opposed. When Tembo prepared to leave again, Marira struck him on the back of the head with an empty soft drink bottle, causing him to collapse.
A neighbour and friend of the deceased, Richard Chitima, was called to assist after Tembo collapsed. Despite their attempts to resuscitate him, Tembo’s condition prompted an emergency visit to a nearby clinic. He was later transferred to Sally Mugabe Central Hospital, where he succumbed to his injuries the following day.
Legal Proceedings and Defense
During the trial, Marira admitted to assaulting her husband but argued that her actions were provoked. Justice Mungwari, however, dismissed this defence, citing insufficient grounds to justify the fatal assault. The judge emphasized that Marira’s actions caused significant and unjustifiable harm.
The prosecution highlighted mitigating factors, noting that Marira used a weapon of opportunity—a soft drink bottle—and later assisted in taking Tembo to the hospital. However, Justice Mungwari underscored the court’s responsibility to determine whether the crime involved aggravating circumstances independently.
In her ruling, Justice Mungwari considered several factors, including Marira’s lack of prior convictions and her dedication to her family. The court noted her role as a caregiver, particularly her efforts in raising Tembo’s stepdaughter as her child.
Justice Mungwari ultimately imposed a 15-year sentence, adhering to sentencing guidelines while acknowledging the complexities surrounding the case.