A convict handed a 10-year sentence for assault wants the court to reduce his jail-time because he had given the family of his victim two goats as compensation for cleansing.

However, the high court in Pietermaritzburg, KwaZulu-Natal, rejected Philani Zondi’s plea arguing that his sentence was appropriate with the assault he unleashed on his then fiancé and her former lover two years ago.

Zondi was sentenced by the Camperdown regional court to 10 years for assault with intent to do grievous bodily harm, two years for malicious damage to property, and another three years for violating the protection order his fiancé had obtained against him before the incident. The sentences were ordered to run concurrently

However, Zondi argued at the high court that the sentence was too harsh despite the fact that legally it was a minimum applicable sentence for assault. “The argument raised in the appeal [was] that there were substantial and compelling circumstances to deviate from the prescribed minimum sentence is primarily based on the so-called compensation and payment of the two goats for the purposes of the cleansing ceremony,” read part of the judgment.

The high court, however, found his reasoning to be skewed.

In May 2023, Zondi had been drinking with the victim and then decided to go out for a drive, and parked at Mazithanqaze and slept in the car.

When he woke up moments later, he realised that his fiancé was not in the car, and decided to drive to her house. When he arrived there, he saw his partner getting out of a Toyota Quantum taxi driven by her former partner.

According to court papers, Zondi got out of his vehicle and grabbed a wheel spanner and assaulted the other man, who then ran away leaving his vehicle behind. Zondi drove the taxi into the bushes and got out while it was still in motion and went back to his lover and assaulted her with the wheel spanner.

The woman was previously granted a protection against Zondo but he violated within the same day when he slapped her at a tavern.

High court judge Michael Harrison said the regional court was clearly aware of the seriousness of the crimes Zondo committed, and said: “SA is under attack with acts of abuse against our women and children, almost on a daily basis.

“The very conduct of the appellant in attacking both complainants with a wheel spanner, clearly highlights why the court a quo found him to be a person from which society requires protection. And, given the circumstances of this case, it is, indeed, fortunate that no deaths emanated from the appellant’s conduct.”

Harrison added that, given the unique and unusual circumstances of this case, an argument may be made out that, the victim had decided not to lay a criminal complaint against the perpetrator.

She had also decided to forgive him and went back to the relationship, and that such conduct may serve as a mitigating factor or a consideration to conclude whether there were substantial and compelling circumstances to deviate from the prescribed sentence.

“Would it be in the interests of justice for a court do so, where the victim acted in such a manner due to the abuse that she had been subjected to? In my view, I do not think it can be regarded as a mitigating factor or as a consideration to conclude whether there are substantive and compelling circumstances to deviate from the prescribed sentence,” said Harrison.

Would it be in the interests of justice for a court do so, where the victim acted in such a manner due to the abuse that she had been subjected to?

—  Michael Harrison, High court judge

The judge said such will send a wrong message to society, and will undermine the dignity and humanity of abused women in SA.

He found that there were no substantial and compelling reasons to deviate from the imposed minimum sentence, nor was there any misdirection by the magistrate.

Sowetan