An abused woman, Ntombifuthi Bhiya (35) from Extension 11 in Emjindini surprised many in court when she pleaded with the magistrate, Merriam Mabetwa to give her common-law husband, Skhumbuzo Joseph Nkomo (37), a suspended sentence.
This was during a trial at Barberton Magistrate’s Court last Wednesday after Nkomo had pleaded guilty to the charge of violation of a protection order.
“He has been abusive towards me, but I still love him. He has asked for forgiveness and has promised me that he will never assault me again. I have forgiven him and I plead with the court to give him a suspended sentence as I still love him,” said Bhiya.
Nkomo was arrested in December after he assaulted Bhiya, which was a violation of a protection order that has been brought against him. Bhiya told the court that Nkomo lived with her and they had two children, but one has since died.
She said Nkomo was a caring man only abusive towards her and their 11-year-old son when he was drunk and when he came home with other girlfriends.
“I was working as a volunteer for an organisation addressing people but I had to quit because I had to go to work with a swollen face almost every day. My child is also affected at school because of the abuse and insults he hurled at me in front of the child,” added Bhiya.
In sentencing Nkomo, Mabetwa said he had not only abused Bhiya physically but also emotionally as he cheated on her.
“At your age (37), you’re supposed to own your own place to stay. The complainant is powerless but the court has the power to protect her and can send you to jail right now.
“The court can not tolerate men who abuse women. Have you thought of your 11-year-old son? You thought your child and woman are useless and need to be abused,’ said Mabetwa.
She said she was taking into consideration that Nkomo was a first-time offender, self-employed and earned R1 000 a month from his job as a builder.
“I’m sentencing you to 12 months’ imprisonment, which is wholly suspended for three years on condition that you not commit a similar crime during that period. If you do abuse her again, you will go straight to jail. If you put one foot wrong, this sentence will be taken into consideration,” said Mabetwa. Nkomo was also declared unfit to carry firearms in future and if he was in possession of one, he was requested to hand it over to the Barberton police within 48 hours of his release.
