Farmer fined and over punished for defying court order

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ZIMBABWE – Farmer, Goliath Manjala, who was fined US$500 and also ordered to perform 315 hours of community service for defying a court order and depriving her former wife of benefits from their shared property following their divorce wants his sentence suspended.

His lawyer, Simon Simango, told that he was yesterday supposed to make an application for the suspension of Manjala’s sentence before magistrate Francis Mapfumo.

Lawyer Simango said they failed to make the application since the State counsel who was handling the matter was not available.

“We wanted to make an application for the suspension of Manjala’s sentence pending appeal against his conviction.

“I think we will make the application tomorrow (today) since the prosecutor who was supposed to handle the matter is not available today (yesterday),” said lawyer Simango.

Manjala, of No.3A Helena Drive Marlborough, was sentenced to 18 months in jail before magistrate Francis Mapfumo set aside two years of his jail term for five years.

The two years were suspended on condition that he does not commit a similar offence within that period.

Seven months of the jail term were set aside on condition that Manjala pays his ex-wife, Sikhangezile Nkala Maphosa, of US$5 785 before or on December 31.

The remaining nine months were also suspended on condition that Manjala performs 315 hours of community service at Mabelreign Clinic.

Magistrate Mapfumo also fined Manjala US$500 for defying a High Court order that compels him to share said property upon their divorce.

In addition, Manjala was slapped with a wholly suspended six month jail term on condition that he does not commit a similar offence within the next five years.

Circumstances leading to Manjala’s arrest are that sometime between 2005 and July 2011 Sikhangezile was sent to work at the Zimbabwean Embassy in Ethiopia and left Manjala staying at their house.

Upon the collapse of their marriage a High Court ruling on their property sharing over the house ordered that the wife gets 70 percent whilst the husband gets 30 percent of the shares.

Manjala collected all the rentals during the time when his former wife was in Ethiopia.

Angered by her former hubby’s actions, Sikhangezile went to lodge a complaint with the police leading to her former husband’s arrest.

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