Death row inmate appeals to Con-Court

HARARE - An appeal by a Bulawayo man who shot and killed his girlfriend in the presence of a police officer has been referred to the Constitutional Court.

Danis David Konson approached the Supreme Court appealing against the death penalty imposed by Bulawayo High Court judge Lawrence Kamocha, but the court referred the case to the Con-Court.

In the application, the 60-year-old man, who was accused of murdering Siphathisiwe Ncube, 27, said the judge had “descended into the arena”, and that he did not get a fair trial.

He also said the death sentence was not competent in terms of the law.

Judges Godfrey Chidyausiku, Anne-Marie Gowora and Ben Hlatshwayo sitting as the Supreme Court, referred the matter to the highest court in the land.

“We are satisfied that the request is neither frivolous nor vexatious and we accordingly refer the matter to the Constitutional Court for the determination of these two issues,” the judges ruled.

The court heard Ncube broke up with Konson in 2012, and moved in with a new lover Sikhumbuzo Dube despite Konson’s attempts to mend the relationship.

Ncube spurned her former lover’s pleas, even though she had been helped to establish a grocery shop at Tshongogwe Business Centre by Konson.

Konson went to Jotsholo Police Station and appealed for help in resolving the dispute between him and Ncube.

He told the police that they were fighting over a business deal before travelling to Lupane with one of the police officers.

When he arrived, he went to the shop and shot dead his former girlfriend with a pistol.

Passing judgment, Kamocha said Konson, who in his defence, claimed he had no intention to shoot his ex-girlfriend, had premeditated the murder.

“He had been planning the murder for a while and he had in the days leading to the incident hinted to Ncube that he intended to kill her and the deceased had told her mother about the threat,” Kamocha said.

“He is a cunning, devious and wicked character as he sought the help of the  police to carry out his plan, shot Ncube without warning and even went back to shoot her for the third time to make sure she was dead.

He is therefore sentenced to death and has the automatic right to appeal to the State’s President who has the final say,” Kamocha ruled.

Comments (2)

Well, these facts don't disclose ANY arguable case. This is a clear PREMEDITATED murder, which was perfectly executed. He intended to have police to help in the dispute? So, why did he carry a Pistol? Maybe the Pistol was fixedly strapped to his body and he would go everywhere with it. So, he should be telling us that the victim attacked him inste4ad and he risked losing his own life and had to spring to his defence by shooting the victim. Sorry Konson, but do us a favour; hang in bliss. You probably have money, I don't understand how a panel of judges could refer this nonsense to the Constituional Court claiming it's not a FRIVOLOUS appeal. if IT'S not FRIVOLOUS, THEN THESE FACTS STATED HERE MUST BE WRONG, or the term FRIVOLOUS must have changed its meaning now.

Chenjerai Makudo - 29 November 2014

I believe that Danis Konson was under some provocation when he killed his girlfriend. I have been told by his family that he invested all his redundancy money in a shop he managed together with her. She decided to end their relationship but was not prepared to return any of the money he had invested in the shop. When he found her in a compromising situation with another man, her husband or boyfriend it appears he lost it. This is of course not meant to excuse the terrible crime he committed.

Ursula Konig - 5 March 2015

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