KEY POINTS
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Zimbabwe’s High Court has ordered two men to present their defence over the 2020 killing of cellphone dealer Sipho Million Ncube.
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Prosecutors presented forensic evidence linking blood found on clothing and a knife to the deceased.
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The judge ruled that the evidence was sufficient for the case to proceed, but the decision does not mean the accused have been convicted.
Two men accused of participating in the murder of a popular cellphone dealer in Harare, Zimbabwe, have been ordered to defend themselves after the High Court ruled that prosecutors had presented sufficient evidence for the case to continue.
Elvin Dongo Saungweme and Dellon David Balani had asked the court to discharge them at the close of the prosecution’s case, arguing that the evidence presented did not adequately connect them to the death of Sipho Million Ncube.
However, Justice Tommasi dismissed their application in a ruling delivered on August 25, 2026. The decision means the two accused must now respond to the allegations and evidence presented against them.
The case concerns Ncube’s death on March 12, 2020, and has remained before the courts for more than six years.
The judge’s ruling was not a final determination of guilt. Rather, the court found that the evidence, if accepted and left unanswered, could support a conviction.
Phone Deal Allegedly Used to Lure Dealer
According to the prosecution, Saungweme and Balani allegedly acted alongside Munyaradzi Mawadze in a plan to rob and kill Ncube.
The State alleges that the accused approached the cellphone dealer near the Chicken Slice food court along Angwa Street in central Harare, an area popularly known as Ximex Mall. They allegedly presented themselves as potential buyers and persuaded Ncube to accompany them in a vehicle.
The journey was reportedly supposed to be to Waterfalls. However, prosecutors say the route was changed, with the vehicle travelling along Chiremba Road, passing Epworth towards Ruwa.
The State alleges that the group stopped in an isolated area, where Ncube was robbed of three iPhone Pro Max 11 handsets and an undisclosed amount of cash.
Prosecutors further allege that he was attacked with a knife, stabbed several times and had his throat slit. His body was subsequently dumped at a farm in Ruwa.
A post-mortem examination reportedly established that Ncube died from acute anaemia caused by severe neck trauma from an incised wound.
Forensic Evidence Links Clothing and Knife to Victim
The prosecution’s case relies heavily on forensic and circumstantial evidence, as there was no direct eyewitness account of the killing presented in the reports.
The court heard that blood-stained clothing recovered from Saungweme’s residence was linked through DNA testing to Ncube. Investigators also recovered a knife from a bushy area in Waterfalls, with forensic tests reportedly linking blood on the weapon to the deceased.
Police testimony further indicated that Saungweme identified the location where Ncube’s body was recovered, while Balani allegedly led detectives to the area where the knife was found.
Justice Tommasi considered these circumstances alongside statements the two men reportedly made during their bail applications. According to the court’s findings, the statements placed them in Mawadze’s company and at or near relevant locations around the time of the killing.
The judge said the alleged discovery of blood-stained clothing and the accused’s knowledge of where the body and knife were found were significant to the case against them.
The court also considered statements referring to the use of a knife to inflict a fatal injury inside a vehicle in a remote area.
Although the defence had challenged the strength of the prosecution’s evidence, the judge concluded that the combined evidence justified requiring both men to answer the charges.
Investigation Began After Dealer Went Missing
The investigation reportedly began after Ncube failed to return home, prompting his relatives to report him missing on the same day.
Detectives from the Criminal Investigation Department’s Homicide section later took over the case and began tracing his movements before his disappearance.
Investigators were reportedly informed that Ncube had last been seen with Mawadze, who was then a first-year law student at the University of Zimbabwe.
Police subsequently launched a search for Mawadze and located him in Masvingo before taking him to Harare for questioning. The prosecution account reported that he admitted to murdering Ncube.
The State also alleges that after the killing, Mawadze used Ncube’s cellphone to send a message to the dealer’s relatives claiming he had been kidnapped. Prosecutors say the message was intended to make the family believe Ncube was still alive and being held by unidentified people.
The three accused initially appeared before the Harare Magistrates’ Court on March 26, 2020. Their case subsequently went through several legal applications and changes to the trial arrangements.
Separate Trial Adds to Lengthy Proceedings
Mawadze’s trial was separated from the proceedings involving Saungweme and Balani after disputes arose over how the accused were conducting their defence.
The proceedings have also been affected by questions surrounding the choice of judge for Mawadze’s separate trial. His father, Garainesu Mawadze, was a serving High Court judge and was promoted to Zimbabwe’s Supreme Court in 2026.
Earlier proceedings over who should hear the case led to a Supreme Court ruling that the matter should be handled by a retired or foreign judge rather than a serving judge sitting on the same bench as the accused’s father.
These developments added to delays in a case that had already faced multiple applications and changes in legal representation.
For Saungweme and Balani, the latest ruling moves the trial into the stage where they must respond to the evidence brought by prosecutors. Their defence will be considered as the proceedings continue.
Case Continues as Accused Prepare Their Defence
The next stage is expected to focus on the accused men’s responses to the forensic findings, their alleged knowledge of where key evidence was found and the statements cited by the prosecution.
The High Court has determined only that the State presented enough evidence for the pair to be called upon to defend themselves. It has not established their guilt beyond reasonable doubt.
The proceedings will therefore continue as the court considers the defence and determines the case in accordance with the law.