Mbabane – A 37-year-old man of Malanti appeared in court charged with his wife’s assault but in his guilty plea, the accused claimed that his wife grabbing him by his private parts during a domestic dispute constituted sufficient provocation.
The accused appeared before Magistrate Sifiso Vilakati at Mbabane Magistrates Court on Thursday, charged with contravening Section 77 of the Sexual Offences and Domestic Violence (SODV) Act of 2018.
According to the charge sheet, he assaulted his wife several times with open hands and fists. The incident was said to have occurred on August 11, 2025 at their marital home. He admitted to the assault. He defended his actions as self-defense.
The accused explained that his wife, who was absent during the hearing, instigated the altercation.
On the fateful day, they were scheduled to plant maize, but she left for her parents’ home, the accused said. Upon her return, she cooked supper, but the power went off, prompting her to borrow his cellphone for light. He said he remained in the main house with their baby. When he joined her in the kitchen, he was met with hostility.
He claimed she accused him of seeing other women while she was away and then grabbed him by his private parts, inflicting significant pain. He attempted to push her away, pleading with her to stop, but she persisted in her aggression. In response, he admitted to slapping and punching her multiple times, asserting that he did so to make her aware of his pain.
The accused said he called his wife’s relatives after the fight to inform them about the incident, but she allegedly refused to let them intervene. The accused said his wife packed her belongings and left home, but upon follow-up, she never reached her parental home. Instead, the accused said, he spent the night at another man’s house whose wife is currently in South Africa. The next day, his wife arrived at the police station with that man to file the assault complaint.
The accused described their marriage as troubled, characterized by frequent arguments and emotional abuse. He claimed his wife often neglected her responsibilities, frequently visiting her parents under the pretext of washing clothes for her children from a previous relationship.
He characterized her behavior as disrespectful and emotionally abusive, stating that she only returned home to cook and have sex but neglected household chores and his business. Most of their disputes, he claimed, arose from her constant checking of his cellphone, despite his warnings.
After considering the case, Magistrate Vilakati found the accused guilty and issued a protection order. He was sentenced to pay a fine of E2,000 or serve two years in prison, with half of the sentence suspended for one year on condition that he does not commit a similar offence within that period.
Vilakati said while he might have been provoked, violence was never justified, regardless of the circumstances. The court advised the couple to seek mediation or counselling to resolve their marital issues. Magistrate Vilakati further warned that if the pair could not coexist peacefully, it would be better to separate before one kills the other. He stated that the protection order would be issued to prevent further violence between them.
Before the court adjourned, the accused expressed a preference for separation, citing his wife’s emotional abuse as making their relationship intolerable.
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