The Carolina District Court, sentenced Moses Mjaji Magagula (42) from Silobela to five years of direct imprisonment for contravention of a Protection Order, under the Domestic Violence Act, issued to him by the Carolina Magistrates’ court. The complainant, who is the wife of the accused successfully applied for a Domestic Violence Protection Order, against her husband in January 2019. Some of the conditions stipulated in the order were that the accused was not to assault, threaten, insult, swear, harass and intimidate the complainant or her minor children. The accused did not dispute proper service and the conditions of the said order.
On 09 September 2019, Magagula, assaulted his wife with open hands, and fists and strangled her in the presence of their two minor children. He further attempted to run over her, with his vehicle. The complainant sustained soft tissue injuries around her neck, which were consistent with strangulation as per the doctor’s findings contained in the J88.
In aggravation of sentence, the state prosecutor Mamosadi Thamaga urged the court to impose a harsher sentence given the seriousness of the offence, the nature of the injuries sustained by the complainant, and the prevalence of the offence, not only in the jurisdiction of the court but in the country as a whole. The state prosecutor highlighted the psychological and social impact the offence could cause on the minor children. The court agreed with the state and sentenced Magagula to 5 years of direct imprisonment. It further declared Magagula unfit to possess a firearm in terms of the Firearms Controls Act 60 of 2000.
The NPA welcomes this sentence as it is addressing the court’s attitude towards the scourge of Gender-Based Violence in our society.