Man of God fined 5k for assaulting girlfriend
THE congregant recently reported by this publication for hitting his girlfriend of 7 years for failing to start a worship song, during a service at Esitjeni, near Lobamba, has been convicted.
Mzwandile Hlatshwayo was sentenced to 5 years or pay a fine of E5 000.
The sentencing came after he was formally charged with contravening section 77(1) of the Sexual Offences and Domestic Violence (SODV) Act of 2018.
The accused is said to have assaulted her girlfriend and strangled her.
He did not oppose assaulting her but told the court that he felt embarrassed in front of some church members when she failed to start the song.
The complainant is said to have sustained injuries on her neck, shoulders, and above her left breast, as per the doctor’s report brought in court.
“I was surprised to hear her telling me that she was sick on the day in question, despite being prayed for. I was not happy about her behaviour, because everybody in the church saw that we had issues,” said the accused.
On another note, the crown told the court that the accused person assaulted the complainant after she had denied him sexual intercourse because she was on her menstrual cycle.
The complainant is said to have told the court that the accused person always demanded sexual intercourse regardless of whether she was on her menstrual cycle.
“I once had sexual intercourse with the complaint while she was on her menstrual cycle, but that was a long time ago. It is not true that I always demanded sexual favours from the complainant,” he said. The crown further told the court that the accused person had the intention to assault the plaintiff just like he normally did.
Meanwhile, the Crown had also paraded the last witness Constable Nhlonipho Dlamini, whose evidence corroborated with that of the complainant. Dlamini is said to have told the court that the complainant went to the police station to report an assault case.
The witness further told the court that the complainant had visible injuries on her neck as well as the arm.
Vilakati said the second witness informed the court that the complainant then recorded a statement before she was referred to a hospital for medical attention.
Vilakati then told the convict that his act of demanding sexual intimacy was unlawful. He then rejected the accused person’s version that his girlfriend assaulted him first. The court then found the accused person guilty as charged.
In mitigation, Hlatshwayo pleaded for leniency and told the court that he would not commit a similar offense in the future.
He told the court that he threatened to kill her because of the pain he was going through at the time.
Which was after she grabbed his sexual organs he further told the court that he still loved the complainant. He, however, said if she wanted to terminate the relationship, he would not object, no matter how painful it might be.
Vilakati advised him to refrain from such conduct since many women in society had been killed by their loved ones.
Vilakati said he cannot assault someone he loves citing that Gender-based violence is a thorny issue that the country is faced with.
“You will be sentenced accordingly because you committed a serious offense. Following your conduct, you have been charged with rape,” said the magistrate. After he was sentenced, he was informed that part of the money he paid towards bail would form part of the fine.
In the same court a mother of a 28-yearold graduate shared how cannabis abuse ruined her son’s career.
Abigail Magagula said after appearing among the top pupils in the country, her son’s performance dropped drastically due to cannabis abuse.
As a result, she said her son, Thando, was good for nothing, as he lived to smoke dagga without participating in family chores after graduating from CIT College.
She said Thando has never been employed since he graduated. Abigail shared the story when asked about her son’s behaviour when he appeared in court charged with assaulting his younger brother, Senzo, with a knobkerrie.
Thando was charged together with his other brother Mavi. Abigail told the court that Thando was so brilliant that he was among the top pupils in the country. She said due to his brilliance, her son attracted sponsors from the United Kingdom. He stated that the sponsors wanted to cater for his studies in tertiary.
However, she said Thando’s performance dropped drastically in Form V.
“His sponsors were disappointed about his Form V results. They withdrew the sponsorship. I was also shocked because his friends thanked him for helping them while preparing for their examinations,” she said.
She mentioned that Thando enrolled for teaching at CIT College, where his performance continued to drop. Abigail told the court that she gave up on her son since she had other children to look after as a single parent. It was her evidence that her husband died in a car accident 19 years ago.
She mentioned that she was never compensated for the father of her children’s death, as there were claims that he knocked the goat and, therefore, did not deserve compensation.
However, to her surprise, she told the court that Thando continued with his studies online without informing anyone.
“I was surprised when I heard that Thando was due for graduation after having done well. I was shocked because he spent most of his time at home,” she said.
Abigail stated that on one fateful day, Thando set all the houses on fire. She said while pondering on what could have prompted her son to set the homestead on fire, she got a psychiatric report, which pointed out that her son abused cannabis.
“He was on treatment, but he stopped taking the medication on his own accord in 2022. He always carries and smokes dagga wherever he is. He does not mind watching you doing family chores without participating,” she said.
Abigail was sought for further clarity on her son’s behaviour after he had furnished the court with the psychiatric report, which pointed out that he was diagnosed with a mental illness emanating from cannabis abuse. The report further pointed out that Thando stopped medication in 2022.
He also confirmed having stopped taking the medication as prescribed by the doctors. He also shared that he missed an opportunity in the teaching profession due to cannabis abuse.
“I applied for the teaching job, however, I was unsuccessful due to cannabis abuse,” he said. Thando denied that he spent most of his time smoking dagga. He told the court that he only smoked dagga only if available.
“I have been in custody for some time but I am still okay without dagga. I can stay for days without smoking,” he said. Noted was that he would chew his hand while in the accused dock.
He was sentenced to three years or an option fine or paying E3000 fine, for assaulting his brother and 2 years was
suspended.