MBABANE– A dramatic legal chase unfolded at the Mbabane Magistrates Court today as two women, including the baby mama of an 86-year-old man, appeared in court facing charges of pushing a man into a donga, tragically resulting in him breaking his right leg.
Thobile Mabuza, identified as the baby mama, and Phumzile Mncina, a community police officer, both pleaded not guilty before Magistrate Cebsile Thwala to the charge of assault in that they forced Solomon Malaza (86) to fall from an elevated surface.
The incident is said to have occurred on March 25 but on the same day, the complainant swapped places with the accused when he himself was charged for the similar incident.
Earlier, Malaza had his own appearance before Principal Magistrate Fikile Nhlabatsi where he was charged with contravening Section 77 (1)(a) of the Sexual Offenses and Domestic Violence (SODV) Act 15/2018 in that he assaulted Mabuza by slapping her in the right eye.
Malaza gave his testimony after Mabuza laid the charge on him before another courtroom. He became visibly emotional as he narrated what led to him losing his leg which was eventually amputated at the Mbabane Government Hospital.
Due to his emotional state, the matter was stood down by Magistrate Thwala and is set to resume on July 15th. However, before the adjournment, Malaza revealed that they had a conflict with his partner, Mabuza over an unpaid E4000 debt.
Malaza said he had requested Mabuza to be the step mother and or mother figure to his child after the biological mother died. They had agreements including E500 monthly fee to Mabuza who was taking care of the minor child.
This arrangement was disrupted by the outbreak of the 2021 unrest, which caused Malaza’s grocery business to collapse and could not keep up with the payments.
They then made a new agreement that Malaza would pay Mabuza when he had the funds, leading to the accumulated E4000.
Malaza said Mabuza had been on his case such that he was forced to obtain a protection order against her on November 15, 2023, which the court granted.
On the other hand, Malaza pleaded guilty to his own charge, telling the court he was on his way home when Mabuza blocked his path, demanding money. He stated he then slapped her because she refused to move.
Despite his guilty plea, Principal Magistrate Nhlabatsi expressed reluctance to impose a harsh punishment.
She acknowledged that Malaza had already been punished by losing his leg. She even suggested the prosecution should have referred the matter for peace binding. Nevertheless, Malaza was convicted and found guilty in accordance with the law.
In mitigation, Malaza informed the court he has nine children. He was subsequently sentenced to a fine of E5000 or two years imprisonment. This sentence was suspended for three years on the condition that he does not commit a similar offense.
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