HARARE – A Harare man serving 17 years in jail for killing his ex-girlfriend’s lover in cold blood after walking in on them in bed has lost his Supreme Court bid to appeal against his conviction and sentence.

Spencer Sithole was convicted and jailed for killing Gugu Mkwananzi, who was was in a relationship with his ex-girlfriend, Josephine Morrow.

The incident happened in 2017.

Sithole filed a chamber application for leave to appeal at the Supreme Court where he also sought condonation for late filing of his application.

The Supreme Court pardoned the late filing, but his application failed as judges said his defence was weak.

“The applicant could not have lost self-control as a result of the alleged provocation by the deceased. He was not married to Josephine Morrow. Morrow was his ex-girlfriend. The court believed the evidence of Morrow to the effect that when the incident occurred, their relationship had ended,” the Supreme Court ruled.

“There was therefore no valid reason or justification for the applicant to be provoked or angered as their relationship had ended. Josephine had moved on. Furthermore, the applicant’s conduct of jumping over the gate to gain entry into the premises seems to suggest that he might have already been in a belligerent state when he went to Josephine’s house.

“In the result, although the applicant has a reasonable explanation for the inordinate delay, the intended application does not have good prospects of success because the ultimately intended appeal has no prospects of success on the merits. The application thus has no merit.”

At the High Court, prosecutors said Morrow had left Sithole for Mkhawananzi at the time of the murder.

Sithole arrived at Morrow’s residence on the morning of April 11, 2017, after going on a wild drinking bender the previous night.

Although there was a gardener outside who could have opened the gate for him, his trial heard, he jumped over the wall to gain entry and headed straight to Morrow’s unlocked bedroom where he found her and Mkhwananzi in bed.

The court heard that he attacked Mkhwananzi with clenched fists on the face several times causing him to bleed from the nose and mouth. Mkhwananzi did not get an opportunity to fight back.

Sithole then picked up a stool and struck Mkhwananzi with it repeatedly and indiscriminately as he lay on the bed. He died before an ambulance could arrive.

Morrow testified that Sithole was her ex-boyfriend. She described their relationship as “on and off.” She testified that when Mkhwananzi met his death, her relationship with Sithole was “off.”

Sithole insisted that he was still in love with Morrow adding that she and Mkhwananzi provoked him when they made fun of him by asking if he was married to her. He testified that a fight broke out and he acted in self-defence.

Ultimately, the High Court found Sithole guilty of murder with constructive intent and sentenced him to 17 years’ imprisonment.

Sithole then filed the present Supreme Court application.