Relief as jail sentence is overturned

Danisa Masuku
NGONIDZASHE Dube from Nyamandlovu heaved a sigh of relief after a Bulawayo High Court judge overturned an 18-month jail sentence he received for assaulting his ex-lover and her boyfriend.

Justice Bongani Ndlovu highlighted that Dube was convicted and sentenced on two counts of assault after pleading guilty. He further stated that the convictions were sound but that the initial 24-month sentence, while within sentencing guidelines, did not align with real and substantial justice based on the facts of the case.

Justice Ndlovu noted that Dube was a first-time offender, that the assaults did not result in serious injuries, and that he had pleaded guilty to both counts.

Consequently, the judge upheld the convictions but set aside the original sentence. He substituted it with a 12-month sentence, wholly suspended on the condition that Dube does not commit any violent offense within three years, for which, if convicted, he would be sentenced without the option of a fine.

The circumstances of the case were that Ngonidzashe Dube (31) from Ngoma Township in Nyamandlovu, Matabeleland North Province, visited Iphangolwazi Moyo, a prison officer stationed at Nyamandlovu, claiming she was his lover. Upon arrival at her residence, he knocked on the door. Moyo opened it and was found with Tinashe Gohori, a teacher at Nyamandlovu Secondary School.

Moyo questioned Dube’s presence, and an argument ensued as she attempted to remove him from her home. Dube refused to leave and slapped her repeatedly in the face. Witnessing the assault, Gohori fled the residence and ran towards his home. Dube pursued him, catching him near a railway track and stoning him.

The matter was reported to the police, leading to Dube’s arrest. He appeared before magistrate Abednico Diliza Ndebele, facing two counts of assault. He initially pleaded not guilty to both counts.

Dube claimed that Moyo was his lover and denied assaulting her. He expressed shock at finding her with another man.

However, overwhelming evidence, corroborated by a medical report, proved that Dube assaulted Moyo and assaulted Gohori.