Tsholotsho Woman Jailed 20 Months For "Disciplining" Rowdy Teenage Girls
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.
As reported by Chronicle, Qiniso Ndlovu’s altercation with the girls, known for their disruptive behaviour and frequenting local bars, escalated when they allegedly used vulgar and provocative language. Angered by their conduct, Ndlovu reportedly struck them with a stick.
However, the trial revealed conflicting evidence. A medical report submitted to the court indicated that the girls sustained serious injuries, including near-broken limbs, allegedly caused by a pick handle, though the weapon was not produced as evidence.
In her appeal, Ndlovu, represented by Makiya and Partners, contends that the magistrate erred by failing to consider community service as a more appropriate punishment. Argued Ndlovu:
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.
Ndlovu further argues that the court failed to adequately consider her mitigating circumstances.
As a widow, a single mother, and the sole provider for three young children, she contends that the custodial sentence has effectively separated her from her dependents.
In her appeal, Ndlovu implores the court to overturn the current sentence and remand the case to the lower court for a more appropriate and just sentencing.
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