3-year sentence for wife abuser
MBABANE - “The court has considered that you are 32 years old and that you assaulted your unarmed and defenceless 54-year-old wife whom you married in November last year.”
This was one of the considerations made by Mbabane Magistrate Xolile Nxumalo before sentencing Mfanzile ‘Viki’ Ndzimandze after he was convicted of assaulting his wife Babhekile Mtshali.
Nxumalo also considered the evidence of Mtshali, who informed the court that her husband was used to assaulting her.
However, she stated that she had not been reporting Ndzimandze to the police in fear that he would be arrested. Magistrate Nxumalo drew a conclusion that Ndzimandze would have not been a first offender had his wife reported the abuse cases to the police. She made reference to the case of Makhalashane Magagula, which was heard by Judge Titus Mlangeni at the High Court of Eswatini. Nxumalo stated that Judge Mlangeni mentioned that cases of violence were rife in the country.
Tragedy
“The learned judge pointed out that such cases lead to tragedy. In your case, your wife mentioned that she blocked a knobkerrie, which you aimed at her head. Even though your wife did not disclose the nature of the injuries sustained, the doctor’s report presented by the Crown showed the extent of the injuries,” Nxumalo said.
The judicial officer also considered the evidence of Mtshali, who informed the court that her husband threatened to kill her in front of her 16-year-old grandchild.
This, Mtshali said, was after the child had pleaded with Ndzimandze not to continue assaulting her.
“The court has also considered that you kept guard of the survivor to make sure that she did not leave the house after you had assaulted her. Your wife told the court that you forced her to sleep in the same bed as you after she had registered her desire to join her grandchild in the other room. She told the court that she managed to escape after you fell asleep.
“You also followed her to the police post after she had left the house,” added Nxumalo.
The judicial officer said the court had to consider the interest of society, justice and that of Ndzimandze upon sentencing. However, she stated that a deterrent sentence was appropriate to deter other would-be offenders.
Ndzimandze was sentenced to three years imprisonment with an option to pay a fine E7 000.
E2 Mtshali Nxumalo 000 fine. told suspended the In court her evidence that 12 it months all in started chief, or when Ndzimandze registered his desire to leave the house they were living in with his belongings.
The duo was living in Ezulwini.
“On the day in question, Ndzimandze woke up and told me that he was leaving the house. He did not mention where he was going but he stated that he would be around Ezulwini. I had a concern about his intention because our marriage regime requires that no one should just leave without letting the other know about his intended destination,” she submitted.
Mtshali stated that Ndzimandze insisted that he was leaving.
As she talked to her husband, Mtshali stated that his friend, only identified as Simelane, came to their homestead and requested to see him.
Simelane left with Ndzimandze, however, they came back in less than five minutes.
“My husband went straight to the house and fetched his bag with all his belongings,” Mtshali stated.
She mentioned that she asked Simelane out of curiosity why her husband was leaving.
Mtshali told the court that Simelane could not come out clear except to say: “Kulukhuni emhlabeni”, which means: “It is hard in this world.”
She told the court that she went to the house with an intent to reason with her husband, she sometimes referred to as Maseko.
Dumping
“I asked Maseko if he was leaving me and he replied that there were many aspects where we were not seeing eyeto-eye in our marriage without being specific. I asked him to at least mention one aspect and he told me that I was pleased in changing cars instead of establishing our matrimonial homestead. I asked him if he wanted me to build him the homestead,” she submitted.
Mtshali told the court that she thought things were normal until 5pm when Ndzimandze started the previous conversation afresh. She stated that her husband insisted that he was leaving.
“I told him that he cannot leave because we were married, however, it was my last word before he inflicted a severe blow on my face. He continued to assault me before claiming I was out of hand. He told me that he wanted to leave me dead in the house. I requested him to leave in fear for my life,” she submitted.
During cross-examination, Ndzimandze asked his wife to recall that he apologised for his actions after the incident.
Mtshali confirmed that her husband apologised. However, Nxumalo viewed Ndzimandze’s apology as a trait used by abusers.