A MARANGE woman has been jailed for four years after she killed her 13-year-old son by attacking him with switches and smashing his head against the wall after he was sent back home from school for not having a pen.
Lydia Kahwema of Mangatu Village under Chief Marange was initially jailed for eight years when she appeared before High Court judge Justice Hlekani Mwayera charged with culpable homicide.
Justice Mwayera set aside four years of her jail term on condition that she does not commit a similar offence within the next five years.
Kahwema was initially charged with murder after she assaulted her son, Tafadzwa, to death, before the State preferred culpable homicide charges.
In sentencing Kahwema, Justice Mwayera said the court had to weigh in and show that the sanctity of human life cannot be eroded by violent and irrational individuals.
“The accused’s conduct bordered on recklessness as she brutally and viciously assaulted her 13-year-old child using switches and further busting the head against a wall,” he said.
“The moral blameworthiness is high given the child looked up to the mother for protection and support.
“The child had been sent away from school for a ballpoint pen and for him to be visited with such a vicious attack by the mother was unwarranted. The mother had a duty and obligation to maintain the child.”
Justice Mwayera described the attack as the worst form of domestic violence which calls for severe punishment.
“A civilised community should uphold a homely atmosphere which is peaceful and readily available to resolve differences in a peaceful manner,” said Justice Mwayera.
“To severely and fatally assault a child for a pen is unacceptable and must be condemned. The child was subjected to torture both at home and at school.
“The right to education was offended by being chased away from school. Further, the child’s rights were crushed by the mother who violently attacked the child instead of shouldering the duty of care and provision on herself. The irresponsible and cruel conduct by the mother calls for a custodial sentence.”
Circumstances leading to Kahwema’s arrest were that on February 26 last year, the late Tafadzwa was sent home from school for not having a ballpoint pen.
His return did not go down well with Kahwema, who then started assaulting him with switches several times all over the body.
-State Media