adminFairness Moyana
A BINGA man who wanted to stay with his second wife ordered his first wife to pack her belongings including her bedroom and kitchen huts before beating her for defying him.
Lawrence Mudenda (33) of Manseme area, Kariangwe in Binga, appeared together with his estranged wife, Luyando Dube (25) before Binga magistrate Mrs Ailene Munamati. Mudenda and Dube were facing assault and causing malicious damage to property charges respectively.
On 4 June 2015, at around 1am, Mudenda told his wife to pack her belongings after informing her that he was no longer interested in her. While she packed her belongings, Dube was shocked when her husband ordered her to also take along her bedroom and kitchen huts.
Angered by Mudenda’s utterances, she got hold of a hoe and began destroying the huts, much to the ire of her husband who head-butted her and struck her twice with a log. She sustained injuries to the leg due to the assault and reported the matter to traditional leaders.
However, the husband made a report to the police to the effect that she had destroyed property, leading to her arrest. After realising what Mudenda had done, she too made a report of assault to the police, resulting in his arrest.
Dube, who pleaded guilty to malicious damage to property charges, told the court that she had destroyed the huts because they belonged to her and was incensed by her husband’s odd order for her to pack them along with her other belongings.
The State’s case against her, however, failed to materialise as the court ruled that a person could not be charged with destroying their own property, forcing the State to withdraw the charges. However, Mudenda was not so lucky as even his wife’s pleas to withdraw the assault charges were ignored, resulting in a 12-month jail term.
Mudenda’s sentence was, however, wholly suspended on condition that he performs 40 hours of community service.
The couple almost caused a scene in court when Mudenda said he no longer loved his wife whom he blamed for being in the dock, attracting backlash from the magistrate who cautioned him against using the wrong platform to settle his domestic issues.
The pronouncement resulted in Dube throwing herself to the ground and crying while begging for her husband’s forgiveness.
“We are not here for your love drama but for a serious offence which you commited. Don’t abuse this court with your love drama. Surely, you can discuss issues of your marriage with your wife at home not in here; we are not marriage counsellors,” Mrs Munamati said.
Mr Bruce Maphosa represented the State.
Online Reporter