Vendor acquitted after fatal fight ruled self-defence

THE High Court has acquitted shoe vendor Edson Dzipe of murder after ruling that he acted in lawful self-defence during a fatal altercation in the city centre.

Justice Ngoni Nduna sitting at the Bulawayo High Court found that the State failed to present sufficient evidence to warrant putting Dzipe on his defence, ordering his discharge at the close of the prosecution case in terms of Section 198(3) of the Criminal Procedure and Evidence Act.

“It is clear that the court does not require evidence from the accused where he has raised the defence of self-defence at this stage,” the judge said.

Dzipe had been on trial following the death of Somabala Khumalo, who collapsed after a confrontation near the corner of Fife Street and 5th Avenue on May 26, 2025.

According to the State’s own evidence, the deceased confronted Dzipe over a prior police matter and allegedly initiated violence. In a warned and cautioned statement tendered by the prosecution, Dzipe said he was attacked first.

“He started booting me and felling me down… when he kicked me for the second time I held his leg and he fell down,” reads part of the statement.

“He struck me in the face… and that is when I hit him back… that is what happened.”

The court noted that this version, introduced by the State itself, supported the claim of self-defence and was not contradicted by other evidence.

“The only evidence led by the State regarding the events… indicates that he was assaulted first and had to stand his ground in order to defend himself,” Justice Nduna ruled.

A key eyewitness testified only to seeing the argument and the deceased attempting to assault the accused, but did not witness the fatal moment. Medical evidence confirmed the death but did not clarify how the injuries were inflicted.

The judge emphasised that the law places the burden on the prosecution to disprove self-defence a burden that was not met in this case.

“The duty to prove that the accused is guilty lies squarely within the domain of the prosecution, and that duty does not shift to the accused,” he said.

Citing the peremptory wording of the law, the court stressed that where no prima facie case is established, acquittal is mandatory.

“By virtue of the use of the word ‘shall,’ the provision must be taken to mean that… the court is obliged to acquit the accused,” the judge said.

Nduna further found that the force used by Dzipe striking back with his hands was not unreasonable in the circumstances.

“There is nothing to suggest that the accused could have employed any other means,” he said, adding that the defence of self-defence “prevails in this matter.”

In a concluding remark, the judge cautioned on the unpredictability of fatal encounters.

“Death may occur suddenly, and one has to be very careful,” he said.

Dzipe was found not guilty and acquitted of murder.

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