Stop drinking alcohol, uyawufika ku 40 unjani? - court

MBABANE – Can a woman say yes to a man’s proposal by the show of actions and not literally saying the words?

The Mbabane Eswatini National Court was told that Xolile Shiba (24) of Mpuluzi told Simiso Masuku (42) of Msunduza that she was on her menstrual periods, even though she had not approved his love proposal.

Shiba is said to have told this to Masuku, whom she was meeting for the first time, when he asked her for a one-night stand.

Shiba, who is employed in one of the shops around Mbabane, told the court that the accused person proposed to her, but she had not accepted his proposal. Such utterances left the Court President, Chief Mgebiseni Dlamini, wondering whether Shiba would have proceeded to spend the night with the accused person if she was not on her menstrual periods. Masuku appeared in court facing charges of assaulting the complainant and dragging her on the ground. The accused pleaded guilty to the assault charge. Shiba told the court that she first met the accused person on January 28, 2024, around 6:30pm, on her way home, after having booze at PTS Police Mess. She said Masuku, who was driving a car on the day, gave her a lift to town.

“I had a conversation with the accused person, to the point where we exchanged contacts. He told me to go back to where I came from as he wanted to know me better. I had no problem with his request,” she said.

The complainant told the court that between 11 and 1pm, the accused person came to pick her up from the drinking spot to take her to her house, only to find that she had left.

She said she got a lift from some people who were going to Mahwalala.

“They dropped me at Emvakwelitje and I waited for the accused person’s arrival. He then came to take me home. I trusted him, even though I was meeting him for the first time,” she said.

After entering the accused person’s car, she said Masuku suddenly wanted her to go and spend the night in his house.

“I told him that I was tired and wanted to sleep and would not go to his house. I then told him that I was on my menstrual periods,” she said.

She said the accused person then slapped her across the face, accusing her for shouting at him.

She alleged that he did not only assault her with open hands, but kicked her several times all over her body, until she sustained injuries.

“Masuku also dragged me by my hand. My right leg was also injured. I was rescued by a certain man, who was passing by. I reported the matter to the police, that same night,” she said.

On the other hand, the complainant gave a different version of the incident. He said he assaulted her after she had poured Brutal Fruit drink on him. Masuku said after meeting the complainant, he introduced himself and informed her that he was single. He said they exchanged contacts before he dropped her, as he had driven to the city to purchase a few things and return home.

“I told her how much I was interested in her. She then suggested that I give her some money and allow her to wait for me at PTS Mess. I told her that I would come back at around 10pm, since I was expected to drop some children off in Ezulwini. I gave her the money, left her there and proceeded with my journey,” said the accused person. Masuku stated that they had gone together to his house before he took her to the bar. He said upon arrival in his house, he took a bath and passed out in front of her half naked.

“I did not want to sleep with her since she was already drunk. I then dropped her off at PTS Mess. I gave her E100,” he alleged. According to the accused person, things changed after he had called the complainant several times, with no response.

“After meeting her at Emvakwetje, she told me that I must drive her to Mega Lounge, where a South African musician was performing. I told

her that I wanted to know her better, when she is sober. She said she was on menstruation periods. I responded that it was a good thing, because I was not interested in any sexual activity.”

The accused person said his refusal to drive the complainant to Mega Lounge made her angry, to the extent that she started shouting at him. Masuku said seeing that she was becoming more violent, he then proposed to drop her home.

“She said she wanted to spend the night in my house but I rejected her request. She said; “Awungetsembi, kungako ungafuni kuhamba nami. Nginani mine ungangetsembi? Loosely translated to why don’t you trust me?

“She then poured the Brutal Fruit she was drinking on me. I slapped her for that and we fought,” he said.

Before issuing the verdict, the court issued a stern warning to Shiba to stop drinking alcohol since she was still young.

“Uyawufika ku 40 years unjani? What kind of a wife are you going to be, with such a conduct? Utawuphela,” the court president said.

The accused person was sentenced to pay a fine of E600 or spends six months in prison.