BULAWAYO TOUT JAILED 25 YEARS FOR FATALLY ASSAULTING PARTNER OVER CHILD PARTENITY DISPUTE.
A BULAWAYO kombi tout who fatally assaulted his "cheating" pregnant wife following a domestic feud over the paternity of their unborn child, was yesterday sentence to 25 years in jail.
The woman, who was 39 weeks pregnant, was forced to prematurely deliver the baby through a surgical incision due to the assault. Siphiwe Ngwenya (26) of Nketa 6 suburb slammed his wife, Ntandoyenkosi Sibanda (23) against a wall several times, struck her with a stone on the head before punching and kicking her on the stomach. Ngwenya was convicted of murder with constructive intent by Bulawayo High Court judge Justice Nokuthula Moyo.
In her judgment, Justice Moyo ruled that the Caesarean section was directly linked to the assault which led to Sibanda's death in November last year.
She described Ngwenya as a disgraceful and cruel person who deserved to be removed from society for a long time.
"The accused person beat up a defenceless and heavily pregnant woman with no apparent justification. The assault was brutal and prolonged and his conduct is an abomination in our society, and the court should indeed display its displeasure," said Justice Moyo.
She said the court has a duty to uphold the sanctity of human life through passing deterrent sentences.
"You dragged a pregnant woman around a suburb and assaulted her in the midst of a community for all who cared to see. The court has time and again expressed its displeasure at the loss of life for the flimsiest of excuses," said the judge.
"Those who butcher others brutally and contemptuously should be severely punished. The facts of this matter justify a lengthy prison term. Accordingly, a long custodial sentence of 25 years will meet the justice of this case."
Prosecuting, Mr Khumbulani Ndlovu said on November 17 last year at around 11PM, Sibanda was at home asleep when her husband arrived and woke her up. Ngwenya confronted her and started shouting accusing her of cheating on him. During the altercation, Ngwenya also accused her of having been impregnated by her alleged boyfriend only identified as Melusi.
"During the dispute, the accused person picked an electric heater and struck the deceased twice on the head while holding a stone in other hand," said Mr Ndlovu.
The court heard that Ngwenya dragged his wife to a neighbour's house whereupon arrival she screamed for help. The owner of the house Ms Sibonisiwe Ndlovu opened the door and Ngwenya continued assaulting the deceased and shouting at her.
"The deceased tried to run into the house but her husband caught up with her and continued to assault her on the face and head. Ms Ndlovu tried to beg Ngwenya to stop assaulting Sibanda but he did not heed to plea," said Mr Ndlovu.
Ms Ndlovu sought the assistance of other occupants at the house and they escorted Ngwenya and Sibanda out of their yard. Ngwenya continued to attack his wife during which he picked a stone and struck her once on the head. "The accused removed his leather belt from the waist and assaulted the deceased several times and she bled through the nose. He then dragged her back to their home where he continued to further assault her and kicked her once on the stomach," said the prosecutor.
Ngwenya took out the deceased's clothes and threw them at her before continuing to assault her until Ms Madaly Ben, who is a tenant at the house, got up from bed and tried to restrain the accused person.
The court heard that Ngwenya took his wife back to their bedroom where he interrogated her about the paternity of their unborn child. During the scuffle, Ngwenya poured his urine on Sibanda's head before striking her with a broom three times on the left shoulder. Neighbours and other tenants heard the screams and called an ambulance, which came and took Sibanda to Mpilo Central Hospital where doctors conducted an emergency Caesarean section to save the baby. Sibanda delivered a baby girl, but succumbed to injuries 11 days later. flower girl wears in red
Source - chronicle