Mbabane – Candy Mndzebele, a stepmother, has been fined E10,000 or faces five years imprisonment for the horrific abuse of her seven-year-old stepdaughter.
Principal Magistrate Fikile Nhlabatsi delivered the sentence, emphasizing the court’s strong stance against domestic violence, particularly when a child is the victim.
Mndzebele was charged with contravening Section 77(1) of the SODV ACT 15/2018. The court heard disturbing testimony detailing how Mndzebele physically assaulted the minor with a belt, beat her with a wooden brush on her private parts until she bled, and even burned her right ear with a matchstick.
The young victim, appearing before the court, bravely recounted the abuse. She admitted to misbehaving by refusing to bathe, which led to the brutal assault with a belt and wooden brush. She also described being held by her legs while being beaten on her back and buttocks, and the incident where her ear was burned with a matchstick after visiting someone. The minor further revealed that she was disciplined for wetting her bed.
A poignant moment in court occurred during cross-examination when the child began to cry after Mndzebele posed her first question, which the court interpreted as clear evidence of the child’s fear of her stepmother. The minor also stated she didn’t tell her father about the abuse because she didn’t want to, leading the court to believe she was also scared of him.
A poignant moment in court occurred during cross-examination when the child began to cry after Mndzebele posed her first question, which the court interpreted as clear evidence of the child’s fear of her stepmother. The minor also stated she didn’t tell her father about the abuse because she didn’t want to, leading the court to believe she was also scared of him.
A social worker, testifying as a witness, corroborated the abuse and shed light on the father’s alarming indifference. The court was informed that the father was aware of the abuse but dismissed it, claiming the child was “naughty.” The social worker’s investigations revealed a grim history, with the child having previously suffered similar abuse from another woman who lived with her father, taking two years to recover from that ordeal.
The social worker also highlighted the child’s fear of her father and his failure to contribute to her maintenance when she lived with her paternal grandmother in Sphofaneni. The child was eventually forced to return to live with her father and Mndzebele. Due to a lack of a birth certificate, the child was only in Grade Zero.
The court heard that the minor sustained injuries including bruises, wounds, and scratches. Despite physical healing, the child continued to suffer from chronic nightmares, anxiety, and a fear of physical contact. The emotional trauma was profound, leading to trust issues, persistent fear around adult women, and a feeling of insecurity in environments where she should have felt safe. Mndzebele offered no questions for the social worker.
Before delivering the sentence, Magistrate Nhlabatsi stressed the prevalence of domestic violence cases in Eswatini and the severe impact on victims, especially children. She referenced Section 14(1) of the Children Protection and Welfare Act, which guarantees a child’s right to protection from torture and cruel, inhuman treatment. The magistrate also cited Subsection 2 of the same Act, which dictates that child discipline must be age-appropriate and consider the child’s physical, psychological, emotional, and mental condition.
While acknowledging that the court does not oppose child discipline, the magistrate firmly stated that Mndzebele’s actions were intolerable. She urged Mndzebele to remember the innocent goodbye wave and “bye mama” from the child as she left the dock, interpreting it as an act of indirect forgiveness and a testament to the child’s angelic innocence. The court also extended its gratitude to the social worker for compiling a thorough report.
In addition to the E10,000 fine or five years imprisonment, the court issued a compensatory order for Mndzebele to fulfill. She is required to provide winter and summer clothing for the child, supply school basics until the child completes Grade Seven, and communicate with the child’s paternal grandmother via phone calls to ensure the child lacks nothing.
With the court specifically emphasizing phone calls to avoid re-traumatizing the child by visiting Sphofaneni. The magistrate made it clear that Mndzebele is obligated to fulfill these orders regardless of her ongoing relationship with the child’s father, stating that these conditions aim to instill a “motherly” sense in the accused.
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