Harare woman fined for attacking ex-husband

A Harare woman, Tyler Roxanne Rubenstein, has been fined US$150 after being convicted of assaulting her ex-husband, Ibbo Mandaza Junior, over a phone she claimed contained a picture of a nude person in its gallery. The incident occurred on Christmas Eve last year.

Magistrate Gamuchirai Gore delivered the ruling in April 2022, convicting Rubenstein (37) for the physical attack on Mandaza, which occurred during a heated dispute following the return of a second-hand phone given to her by Mandaza. Rubenstein, a first offender, was spared jail time after the magistrate took into account her role as a primary caregiver and her gainful employment.

The court found that Rubenstein was the aggressor in the altercation. "From the evidence led, one can only draw the inference that it is the accused person who went to the complainant's parents' place to cause trouble," Magistrate Gore stated in her ruling. "In the end, she is the one who started physically abusing the complainant. The court finds her guilty as charged."

Rubenstein's actions on the day in question were described as premeditated, with witnesses confirming that she had arrived at Mandaza's residence shouting insults before the confrontation escalated. Gore noted that Rubenstein's behavior indicated a clear intention to provoke the altercation, further stating, "The mere fact that the accused started shouting unprovoked means she had it all planned."

Mandaza testified that on the day of the incident, he had brought groceries and gifts, including the disputed phone, to Rubenstein's house. He later received an angry message from her, accusing him of giving her a phone with a nude image. When she arrived at his home to return the phone, Rubenstein began shouting and acting aggressively. Mandaza denied assaulting her, stating that he tried to avoid confrontation. However, Rubenstein slapped him multiple times, ripped his shirt, and physically attacked him.

Mandaza presented photographs showing injuries he sustained, including scratches on his left ear and bruises, which were supported by a medical affidavit. He also mentioned a previous incident in 2021, in which Rubenstein allegedly threw boiling water at him, suggesting a pattern of violent behavior. Mandaza's mother, Diana, also testified against Rubenstein, supporting her son's account of the events.

The conviction came shortly after Rubenstein lost a case in which she had sued Mandaza for allegedly assaulting her. She had claimed that during an altercation at his residence, Mandaza pushed her, shoved her against a gate, and threw their son into her arms while trying to close the gate. Rubenstein also alleged that she sustained injuries, including bruises on her right shoulder and knees, as documented in a medical affidavit.

However, Harare Magistrate Ayanda Dhlamini dismissed Rubenstein's case against Mandaza last month, ruling that her testimony was inconsistent and lacked supporting evidence. The magistrate concluded that Rubenstein was the one who had assaulted Mandaza during their encounter.

In the wake of these incidents, Rubenstein has been fined for her actions, with the court ruling her behavior in the Christmas Eve altercation as an assault on her ex-husband.