Magistrates decry withdrawal of cases

Leonard Ncube Victoria Falls Reporter
MAGISTRATES have decried the high number of domestic violence cases that are referred to the courts but end up being withdrawn by the victims. Contributing to a discussion at a magistrates’ annual general meeting in Victoria Falls which started yesterday, Sethulo Ncube, from the Zimbabwe Women’s Lawyers Association (ZWALA), said a majority of withdrawn cases ended with victims being killed by their spouses.

She stressed the need for stiffer penalties on those convicted of spouse bashing.

“About 60 percent of murder cases are due to domestic violence which is escalating hence the need for deterrent sentences. In most cases magistrates impose fines or community service. However, we are happy that the courts are alive to the fact that domestic violence is on the increase and that there is an outcry over lesser sentences imposed,” said Ncube.

She said women tend to report physical abuse by their spouses and not report other forms of domestic violence and called for a mandatory stiffer sentence for rape perpetrators.

“There should be stiffer mandatory sentences as well for rape cases because rape cases are high. Sometimes marrying the victim is used as a mitigatory factor. Magistrates should be seen giving deterrent sentences as justice must been seen being done,” Ncube added.

Magistrates said most women were not prepared to let violent spouses go to jail.

They said in most cases “small houses” were the ones ready to see abusers sentenced while married women were more likely to withdraw the cases during trial.

“It appears the majority of women are not prepared for the consequences of their cases when they bring their husbands to court because most of them withdraw the cases,” said a magistrate.

He said in most cases the courts would have to contend with a woman determined to withdraw the case and the case would eventually turn into the law against the family institution.

Another magistrate said a majority of women withdrew cases because they were not empowered and feel they would starve if the spouse is sent to jail.

“What women tend to do is that once they have a problem with their spouses they rush to the police but when the man is taken to court they bring a withdrawal affidavit saying I have forgiven him and he is the breadwinner. It is only the small houses that would really want the abusive man sentenced,” said a magistrate.

ZWALA’s Thandekile Ngwenya said there were a number of reasons why married women withdrew cases, some of them being pressure from the husband’s family and the delay by the courts in dealing with cases.

“Women are abused because of culture, stereotypes and just for being women. When women are raped or beaten people say ‘she asked for it’ while some would question the way she was dressed,” she said.

Ngwenya said only 37 percent of women inherited their spouses’ property after death while the majority leave such assets to the in-laws because they want to maintain good relations.

“If a woman reports a case of violence against her husband relatives will accuse her of washing dirty linen in public,” she said.

Another magistrate said there was a need to fund and capacitate Victim Friendly Units to be able to test semen in rape cases as that would help increase the rate of conviction.

The magistrates said for the courts to impose stiffer sentences there was a need for a legislative increase of their jurisdiction.

The meeting that coincided with the 16 days of activism against gender based violence, an annual international campaign that runs from November 25 to December 10, ends tomorrow.