12 YEARS’ DIRECT IMPRISONMENT FOR ASSAULT GBH

The National Prosecuting Authority (NPA) welcomes the sentence of 12 years’ direct imprisonment handed down by the Mtubatuba Regional Court to a 35-year-old man following his conviction on a charge of assault with intent to do grievous bodily harm (assault GBH). The offence was committed in December 2024 in the Nkanini Reserve, northern KwaZulu-Natal.

The accused was charged with assault with intent to do grievous bodily harm, read with Section 51(2) and Part III of Schedule 2 of the Criminal Law Amendment Act 105 of 1997, as amended; further read with Sections 256 and 266 of the Criminal Procedure Act 51 of 1977; Section 1 of the Domestic Violence Act 116 of 1998; and Section 103 of the Firearms Control Act 60 of 2000.

The accused and the complainant were in a romantic relationship. On the evening of the incident, the complainant attended a traditional function in her community with friends. While there, she received a call from the accused, who indicated that he was outside the venue and wanted to see her. When she went to meet him, he insisted that she leave with him. Upon her refusal, he became aggressive and assaulted her by repeatedly hitting and kicking her. He also chased away community members who attempted to intervene.

The accused then used a slingshot to propel a stone at the complainant, striking her in the eye, before fleeing the scene. The complainant was taken to a nearby hospital, where medical personnel determined that her eye had ruptured and was beyond repair, necessitating its removal. The accused was later arrested at his homestead.

During the trial, Prosecutor Phumlani Thembalethu Khoza led the evidence of the complainant, supported by the J88 medical report detailing the severity of her injuries. In aggravation of sentence, a Victim Impact Statement compiled by the complainant and facilitated by Court Preparation Officer Sithembile Cebekhulu was presented before the court.

In her statement, the complainant described ongoing physical pain, including severe headaches requiring pain medication. She also highlighted the emotional and psychological impact of the incident, noting that the loss of her eye has subjected her to ridicule within her community, causing her to withdraw socially and remain indoors. She described the incident as having brought her lasting pain and humiliation.

Due to the absence of a nearby Thuthuzela Care Centre, the complainant has been referred to her nearest Department of Social Development office for counselling and psychological support for herself and her children.

In sentencing, the court exceeded the prescribed minimum sentence of 10 years’ imprisonment, imposing an additional two years due to the seriousness and brutality of the offence. The accused was also declared unfit to possess a firearm.

The NPA welcomes the successful finalisation of this matter. Gender-based violence remains a key organisational priority, and the NPA, together with its partners in the Justice, Crime Prevention and Security Cluster, remains committed to intensifying efforts to combat this scourge and ensure justice for victims.

Issued by:

Natasha Ramkisson-Kara

NPA Regional Spokesperson – KwaZulu-Natal Division