MBABANE – A 63-year-old widow yesterday got a suspended sentence after she was convicted for allowing her cow to stray onto the public road.
Jabulile Nkambule was charged with contravening Section 77 (1) as read with Section 122 (4) of the Road Traffic Act of 2007, after her cow strayed onto the road, resulting in it being knocked by a Toyota Hilux LDV driven by Colani Mkhabela, along the Mbabane-Manzini Freeway road at Mnyamatsini.
Evidence presented in court pointed out that the accident resulted in E45 003 worth of damages.
Magistrate Innocent Motsa exercised leniency after the elderly woman had informed the court that the accident emanated from her in-laws delaying the release of the cattle, which formed part of her late husband’s estate to her name.
She stated that at the time of the accident, the cow was not registered under her name.
She stated that she had no source of income as she was unemployed.
Implored
Nkambule was represented by Linda Dlamini from Linda Dlamini and Associates. She implored the court to consider cautioning and discharging her.
Nkambule felt that no prejudice would be suffered if cautioned and discharged.
Motsa, however, asked Nkambule if she considered that she could have parted with a fine of E2 000 if evidence was not lead. He also asked Nkambule if she considered that she ought to have parted with E5 000 fine if found guilty after the leading of evidence.
“What do you take of the complainant if cautioned and discharged” asked the judicial officer. In response, Dlamini applied that the matter be treated according to the circumstances submitted before court.
Nkambule was sentenced to one-year imprisonment with an option to pay a fine of E1 500; however, the sentence was wholly suspended for four years on condition she was not convicted of the similar offence during the period of suspension.
Motsa referred the compensation part of the matter to the civil court for determination.