Mother appeals jail term for disciplining teenagers

Qiniso Ndlovu, a 35-year-old woman from Tsholotsho, has appealed to the High Court following her conviction and sentencing to an effective 20-month prison term by Magistrate Lesigo Ngwenya. Ndlovu was sentenced after she disciplined two teenage girls who were reportedly engaging in disruptive behavior, including frequenting local bars and using vulgar language.

According to court documents, the incident occurred when the girls allegedly provoked Ndlovu with their language, which led to a physical altercation in which Ndlovu beat them with a stick. The medical report presented during the trial claimed that the girls sustained serious injuries, including near-broken limbs, allegedly inflicted with a pick handle. However, the pick handle, which was said to be the weapon used in the attack, was not produced in court.

Ndlovu, represented by Makiya and Partners, has now filed an appeal, arguing that the magistrate made an error in not considering community service as an alternative to imprisonment. Zimbabwean law permits community service as an alternative to a custodial sentence for offenses where the punishment does not exceed two years, which is the range of Ndlovu's sentence.

"The court erred in passing a custodial sentence despite the appellant pleading to the charge and being a first-time offender," argued Ndlovu's legal team in the appeal. "The sentence of 20 months is excessive for a first-time female offender who has shown remorse. Sentencing guidelines suggest non-custodial sentences, such as a fine, should have been considered."

Ndlovu further contends that her personal circumstances were not adequately taken into account during sentencing. She is a widow and the sole provider for three young children, which she argues should have been considered as mitigating factors. Ndlovu expressed that the custodial sentence would cause undue hardship for her family, especially her dependent children, who would now be without their primary caregiver.

In her appeal, Ndlovu requested that the High Court set aside the 20-month prison sentence and send the case back to the lower court for reconsideration of a more suitable and just punishment.

This case draws parallels to a similar situation in Bulawayo, where Panashe Mpofu, a mother who was sentenced to two years in prison for disciplining teenagers caught attending a Vuzu party during school hours, had her conviction overturned. The Vuzu parties are known for promoting risky behaviors such as under-age drinking, substance abuse, and unprotected sex, which pose significant health risks to the youth. Mpofu, who discovered the teenagers' involvement in the party after returning from church, intervened to discipline them, only to face legal consequences after a complaint was filed by one of the parents.

Following a successful appeal, the Bulawayo High Court, under Justice Evangelista Kabasa, overturned Mpofu's sentence, acknowledging the potential dangers of such parties and recognizing the challenges parents face in addressing juvenile delinquency. Mpofu's case highlighted the delicate balance between parental responsibility and the law in dealing with juvenile misbehavior.

The outcome of Ndlovu's appeal is awaited, with many watching closely as the case could set a precedent for how the legal system addresses similar cases of parental discipline and juvenile delinquency in the future.