Danisa Masuku
IMAGINE as you are answering nature’s call, someone attacks you. This is what happened to Thonisani Dube who was attacked by Emmanuel Masibi for insulting him.
The court heard that Dube and Masibi were drinking beer inside a bottle store at Nyongola business center in Kezi, Matabeleland South Province.
It said in the midst of boozing the pair was involved in a heated argument sparking a harsh exchange of words. The war of words spiralled into a verbal tirade at which Masibi insulted Dube.
The pair were calmed down by other patrons and shortly after that Masibi dashed outside of the bottle store to relieve himself and that is when Dube bolted out and ran straight to him and punched him all over the body while he was relieving himself. Masibi fractured an arm while his front teeth were left shaking.
He reported the incident to the police leading to the arrest of Dube.
Dube appeared before Kezi resident magistrate Busani Sibanda facing an assault charge. He pleaded guilty to the charge and said he acted out of anger after Masibi had insulted him about his mother’s private parts. In mitigation the court noted that he is young and first-time offender.
He was convicted and slapped with a 20-month jail sentence. Eight months were suspended on condition that he does not commit a similar offence within a period of five years. Dube will serve twelve months behind bars.
In sentencing him the magistrate noted that cases of assault were on the rise in that area due to that there was a need to nip it in the bud.
The magistrate said a hefty fine or community service coupled with a suspended term of imprisonment on condition of good behaviour would cause public outcry.
He also said a non-custodial sentence would not serve as a deterrent measure as members of the public would see him roaming the streets and lose faith in the judicial system.



