Supreme Court Upholds Murder Conviction Of Chinese Miner Who Shot Zimbabweans In Zhombe
The Supreme Court of Zimbabwe has rejected an appeal by Cai Yulong, a Chinese miner, and upheld his convictions and sentences for murder, attempted murder, and assault.
Cai, 56, had been convicted by the High Court for shooting and killing Goni Goni, a worker at the neighbouring Blackhand 10 Mine, during an underground altercation on 24 May 2024.
He was also found guilty of injuring John Muchawaya Bera by shooting him in the legs and assaulting another worker, Lovemore Mapfanya, in the same incident.
The High Court had sentenced Cai to 30 years for murder, 10 years for attempted murder (with five years suspended), and fined him for the assault. Dissatisfied with the ruling, he appealed both his conviction and sentence.
Justice Joseph Musakwa, writing for the Supreme Court, dismissed Cai’s claim that he acted in self-defence or in defence of property.
The court concluded that shooting unarmed miners was an excessive and disproportionate use of force. Justice Musakwa said:
“The use of a firearm against fleeing individuals cannot be described as necessary or reasonable.
“The appellant’s actions demonstrated malice and a blatant disregard for the sanctity of human life.”
The conflict arose from an underground boundary dispute between Cai Yulong’s Blue Mine and Blackhand 10 Mine, owned by Cornelius Shariwa.
On the day of the incident, workers from Blackhand 10 Mine were putting up a barricade to mark the boundary between the two mines.
Cai claimed the workers were illegal artisanal miners stealing ore from his mine and said he acted in self-defence after they allegedly approached him with weapons.
The court rejected this version of events, relying on evidence showing that Goni, Bera, and Mapfanya were legitimate employees of Blackhand 10 Mine, working under Shariwa’s instructions.
The court found that Cai armed himself with a firearm and went into the mine, where he encountered the workers.
Despite their attempts to flee after he fired warning shots, Cai chased them and opened fire, killing Goni and injuring Bera.
A post-mortem report showed that Goni died from severe bleeding caused by a gunshot wound to the thigh. Bera’s injuries, caused by shots to the knee and thigh, were also serious.
The court dismissed Cai’s claim that the victims were illegal miners. Testimony from Shariwa and other witnesses confirmed that the workers were performing legitimate tasks.
Cai also failed to provide evidence that the sacks carried by the workers contained stolen gold ore.
Cai will serve a 30-year sentence for murder, with additional penalties for attempted murder and assault.
The Supreme Court dismissed his appeal entirely, with Justices Susan Mavangira and Chinembiri Bhunu concurring with Justice Musakwa.
– _The Herald_
