Man jailed 10 years for killing lover, dumping body in a well

A 57-year-old man who fatally struck his lover with a stone after becoming jealous over a phone call, dumped her body in a well and was on the run for over two years has been jailed for 10 years by the High Court.

Phinias Hatihlani was convicted of culpable homicide after the State accepted his plea to the lesser charge, but Justice Christopher Dube-Banda said his conduct showed a high degree of blameworthiness and that he was not genuinely remorseful.

Hatihlani killed Vhenekai Gwanhoya, 41, at Village 9, Musunda, Triangle, on May 24, 2023, after becoming angry when she received a phone call from a man identified as Chikwanda.

The court heard that the pair, who had been in a romantic relationship since 2019, had arranged to meet at a garden around 8pm.

Hatihlani became upset over the call and accused Gwanhoya of being disloyal despite providing for her upkeep.

“In a fit of rage, he then struck the deceased with a stone once on the head,” the agreed facts stated.

After realising that Gwanhoya was lifeless, Hatihlani pushed her body into a well, disposed of her cellphone in a toilet and returned home.

Her body was discovered the following morning by Pamela Hatihlani and Cosmas Muraka.

Hatihlani fled after learning that the body had been found and remained on the run until December 10, 2025, when he was arrested.

A post-mortem examination established that Gwanhoya died from a head injury caused by blunt force trauma.

Although Hatihlani initially faced murder charges, the court accepted his plea to culpable homicide after finding that the evidence established negligence rather than an intention to kill.

Justice Dube-Banda said Hatihlani had fallen below the standard expected of a reasonable person by failing to foresee the risk of death and guard against it.

The judge, however, took a dim view of his conduct after the killing, particularly his attempt to conceal the crime and prolonged flight from justice.

“He is not remorseful but merely feeling sorry for himself for having been caught and made to account for this crime,” Justice Dube-Banda said.

The judge said Hatihlani had targeted a vulnerable part of Gwanhoya’s body and used excessive force, resulting in her death.

The court also rejected the suggestion that his alleged regret and personal circumstances amounted to genuine remorse.

Justice Dube-Banda said the case had to be considered against the backdrop of rising violence against women, particularly killings committed by intimate partners.

“This country is currently engulfed in a sea of violent crimes ravaging vulnerable sections of our society like women, with a never-ending scourge of femicide which continues to alarming levels,” the judge said.

The court said society expected the judiciary to send a clear message that femicide and gender-based violence would not be tolerated.

“The prevalence of domestic violence and the increasing number of women who lose their lives at the hands of intimate partners make general deterrence an important consideration,” Justice Dube-Banda said.

Describing the case as a serious example of culpable homicide, the judge said Hatihlani’s blameworthiness was exceptionally high and warranted a departure from the prescribed sentencing guidelines.

In mitigation, the court heard that Hatihlani was a first offender, had pleaded guilty to the lesser charge, was married to two wives and had seven children who depended on him as their sole provider.

His lawyer also said he had lost his job after spending nine months in pre-trial incarceration and argued that the killing had not been planned.

But the judge said these personal circumstances could not outweigh the gravity of the offence and its impact on Gwanhoya’s family.

Hatihlani was sentenced to 10 years in prison, with two years suspended for five years on condition that he does not commit an offence involving assault or physical violence against another person during that period for which he is sentenced to imprisonment without the option of a fine.

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