mbulelo smpofu
Sikhumbuzo Moyo, [email protected]
QINISO Ndlovu, a 35-year-old woman from Tsholotsho, has filed an appeal with the High Court after being sentenced to an effective 20 months in prison by Magistrate Lesigo Ngwenya for disciplining two teenage girls.
The incident stemmed from an altercation where the girls, known for their disruptive behaviour and frequenting local bars, allegedly used vulgar and provocative language. Ndlovu, angered by their conduct, reportedly beat them up using a stick.
The trial presented conflicting evidence. A medical report submitted to the court claimed the girls suffered serious injuries, including near-broken limbs, allegedly inflicted with a pick handle, although this alleged weapon was not produced in court.
Ndlovu, represented by Makiya and Partners, argues in her appeal that the magistrate erred by failing to consider community service as a more suitable punishment. Zimbabwean law allows for community service as an alternative to imprisonment for sentences of two years or less, a range that encompasses the sentence imposed in this case.
“The court a quo erred in passing a custodial sentence to the appellant despite her having pleaded to the charge and being a first offender. The effective sentence of 20 months was so excessive as to induce a sense of shock for a first-time female offender who pleaded to the charge, where the sentencing guidelines provide for a non-custodial sentence in the form of a fine not exceeding Level 14,” argued Ndlovu.
Ndlovu contends that the court erred by failing to adequately consider her mitigating circumstances. She stressed her status as a widow, a single mother, and the sole provider for three young children. Despite these significant factors, the magistrate imposed a custodial sentence, effectively separating her from her dependants.
Ndlovu implored the court to grant her appeal, setting aside the current sentence and remitting the case back to the lower court for a more appropriate and just sentencing.
This case echoes a recent High Court ruling in Bulawayo, where Panashe Mpofu was released from prison after serving time for disciplining teenagers, including her own child, who attended a Vuzu party during school hours.
Vuzu parties are notorious for promoting under-age drinking, substance abuse, and risky sexual behaviour, posing significant health risks to young people.
Mpofu, a resident of Luveve, discovered the teenagers, all in Form Two, engaged in this harmful activity.
While some viewed her actions as justified parental discipline, she was ultimately sentenced to two years’ imprisonment, sparking public outcry and raising concerns about the appropriate response to juvenile delinquency.
Following a successful appeal, Justice Evangelista Kabasa of the Bulawayo High Court overturned the conviction, recognising the potential dangers of such parties and acknowledging the complexities of parental responsibility.
In her own account, Mpofu explained that she discovered her son and his friends engaged in the party after returning home from church. Disturbed by their behaviour, she intervened and disciplined them.
However, a complaint from one of the parents led to her arrest and subsequent imprisonment at Mlondolozi Prison.
Siphakeme .Mnindwa
