Mbabane – What began as a family disagreement over borrowed money ended violently when two brothers took the law into their own hands — turning on their own sibling in an assault that landed them before the Mbabane Magistrates Court.
Mduduzi Mhlanga (39) of Mnyokane and his younger brother Mongi Mhlanga (32) stood in the dock, accused of assaulting their brother, Xolani Mhlanga, at KaNcesi. The attack took place on 13 September, and the pair were charged with contravening Section 77 (1) (a) of the Sexual Offences and Domestic Violence Act No. 15 of 2018.
According to the charge sheet, the brothers jointly assaulted Xolani with open hands all over his body, causing harm to his health and well-being.
When asked to explain their actions, the accused admitted to the assault but said they were provoked by frustration after Xolani allegedly fled with family money.
“We reported the matter to the family, but nothing was done. That’s why we decided to assault him,” they told the court.
Their explanation did little to move the court’s sympathy. The presiding magistrate sternly reminded them that “violence is never a solution, even in family matters”, warning that such actions often escalate into more serious crimes.
In mitigation the first accused told the court that he was remorseful of his action, he has three children which depends on him, he also takes care of his mother and that when the confronted his brother he responded in a disrespectful manner thus he acted out of anger. The second accused told the court that he was remorseful of his actions.
After putting their mitigation factors into consideration, the court convicted the pair and sentenced each of them to E2,000 or two years imprisonment in default of payment. Sentence is to be suspended for a period of 3 years in condition the accused persons are convicted of the same offence in the suspended period or does not contravene section 77 of the Sexual Offences and Domestic Violence Act.
The magistrate emphasized that family disputes should be resolved through dialogue, not violence.
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