Masvingo, Zimbabwe – A heated domestic dispute in Jerera Village, Guwa, turned violent after a 60-year-old woman, Sabina Mandizvidza, allegedly assaulted her husband, Richard Butire (63), with a metal rod. The altercation arose from a disagreement over Mandizvidza paying a prophet with a goat for cleansing rituals without her husband’s knowledge or consent.
Mandizvidza, who appeared before Masvingo Magistrate Lynette Mudzingo, admitted involvement in the scuffle but denied intentionally assaulting Butire. She claimed his injuries resulted from a fall during the altercation. The court remanded her out of custody pending further proceedings.
Prosecutor Precious Takuva told the court that the altercation occurred on April 30, 2024, at approximately 5:30 PM. Butire confronted Mandizvidza about the payment, which escalated into a physical altercation. Mandizvidza allegedly struck her husband twice on the forehead with a metal rod, causing two cuts. A medical report confirmed the injuries were caused by a blunt object.
Mandizvidza, however, argued that her husband was drunk, attempted to attack her, and fell, sustaining the injuries. She further alleged that Butire filed the report to retaliate after she sought maintenance, claiming he neglected her for another wife.
Other cases.
The case highlights critical legal principles in domestic violence, spousal maintenance, and financial transparency within marriage. Below are five relevant case law examples:
1. Mupawaenda v. Mupawaenda (2009) ZLR 435 (HC)
This case emphasized that disputes over family finances must be addressed amicably, and violence undermines the sanctity of marriage. Courts have often ruled that both spouses must consent to significant financial decisions involving shared resources.
2. S v. Chibanda (1987) ZLR 326 (SC)
In this case, the court held that self-defense must be proportional to the threat posed. Mandizvidza’s claim of self-defense may be scrutinized to determine if striking her husband with a metal rod was a proportionate response.
3. Magaya v. Magaya (1999) ZLR 100 (SC)
This case dealt with maintenance obligations, reaffirming that spouses are legally obligated to support each other, even in estranged relationships. Mandizvidza’s claim that her husband neglected her financial needs may factor into the court’s considerations.
4. S v. Banana (1998) ZLR 309 (SC)
This case clarified that domestic violence is a crime irrespective of the relationship between the parties. The court emphasized that cultural or personal justifications cannot excuse violence within a marriage.
5. S v. Chakamoga (2005) ZLR 1 (H)
The court in this case held that intoxication is not a defense for domestic violence but may mitigate sentencing if proven to impair judgment. Butire’s alleged intoxication could influence the court’s view on his role in escalating the dispute.
The incident has sparked debate in Jerera Village about the role of communication in marital finances and the societal implications of domestic violence. “Couples must resolve their issues peacefully, especially when it involves money or spiritual matters,” said a local resident.