Times of Eswatini

Stop taking women for granted - magistrate

- BY PHIWASE PHUNGWAYO

MANZINI- “Stop taking women for granted and making them objects to be abused just because they love you.”

This was the advice given by Manzini Acting Principal Magistrate Sindisiwe Zwane to Nicholas Linda Msibi (40) of Buseleni, who assaulted his fiancée with open hands several times on the face and all over the body. This happened at Ngwane Park on Saturday. The accused was charged for contraveni­ng Section 77(1) of the Sexual Offences and Domestic Violence (SODV) Act. He pleaded guilty to the charge. When presenting evidence in court, the complainan­t who is his fiancée, Ayanda Didi, disclosed that they had been together with the accused for about a year. She said on the day in question, they had returned from town and the accused had imbibed marula brew when he raised an issue that they had previously discussed and chose to let go. She revealed that the accused discovered messages on her phone sent by another man.

Slapped

Didi said her boyfriend slapped her across the face. It was brought to the court that the complainan­t was staying and raising the accused person’s minor child. When meting the sentence, Acting Principal Magistrate Zwane alluded to that the SODV Act stipulated that the maximum sentence for this crime was 15 years imprisonme­nt, with an option to pay a fine of E75 000, regardless of whether the perpetrato­r pushed or shoved the complainan­t.

She highlighte­d that evidence brought before court had shown that it was not the first time the accused had assaulted the complainan­t. Zwane mentioned that alcohol was to be enjoyed for pleasure, not to start behaving bossy and being abusive. The acting principal magistrate warned that if the accused person’s dream genuinely was to settle down with his girlfriend, then he should do it honestly. Zwane said she did not tolerate men who beat women, and encouraged that they should talk to them.

Commemorat­ing

The court pointed out that recently, the world was commemorat­ing Internatio­nal Women’s Day and the world had been asked to appreciate women. “You are here because you were brought by a woman, so you must appreciate women. Don’t take them for granted and make them objects to be abused just because they love you. GBV must come to an end; people must settle together because they simply love each other,” Zwane quipped.

She elaborated that it was an infection in every country, an epidemic that must be put to an end. Zwane advised the accused to drink his marula and once he had had enough, then sleep or dance. She warned him rather stop taking alcohol if he could not control his state of intoxicati­on.

Meanwhile, the Crown had previously submitted that the complainan­t had turned into a punching bag for the accused. It stated that she had been assaulted more than twice and in other incidents and the couple had to talk it out but the accused persisted.

Relationsh­ip

“These two were in a love relationsh­ip for almost a year. People must try to control themselves, they must not allow anger to control them. The complainan­t is not the accused person’s wife and even then, she doesn’t deserve to be battered, especially by someone who claims to love her,” said the Crown. It submitted that the accused may be found guilty by the court. In mitigation, the accused said he was trying to protect his woman’s life as she was trying to leave the house at night. He disclosed that he had two children who were still schoolgoin­g and was still paying their fees for last year. The accused was sentenced to three years imprisonme­nt with an option to pay a fine of E5 000.

 ?? (Pic: Phiwase Phungwayo). ?? Nicholas Linda Msibi was charged for contraveni­ng Section 77 (1) of the Sexual Offences and Domestic Violence Act.
(Pic: Phiwase Phungwayo). Nicholas Linda Msibi was charged for contraveni­ng Section 77 (1) of the Sexual Offences and Domestic Violence Act.

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