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ASSAULTED JUDGE DEMANDS E250K FROM FEMALE DOCTOR

MBABANE – Industrial Court Judge Thulani Abande Dlamini is demanding E250 000 compensation from the female doctor who assaulted him.

The judge, through MTM Ndlovu Attorneys, has already served Dr Sibahle Sigwane of Fairview in Manzini, who is based at the Mankayane Government Hospital, with a letter of demand. “We act on behalf of our client Thulani Dlamini herein. Client instructs that, and as a result of the assault on the 26th March 2023, it suffered delictual damages to the amount of E250 000 (two hundred and fifty thousand Emalangeni),” partly reads the letter.  According to information from South African lawfirm Johan van de Vyver Attorneys, delictual damages is when a person claims compensation from another for harm that has been suffered.

“The damages in delict are divided into: Patrimonial / special damages – for instance, medical costs, loss of income, and cost of repairs; non-patrimonial damages / general damages – for instance, pain and suffering, disfigurement, loss of amenities, and injury to personality; and financial damages (pure economic harm),” states the information. On Thursday, April 6, 2023, Sigwane appeared before the Manzini Magistrates Court where she pleaded guilty to assaulting the judge.

The court sentenced the doctor to four months imprisonment, which carried an option of a fine of E2 000, which she paid, and was also directed to pay E4 000 for the eye lenses of the judge that were damaged during the assault. The assault is said to have occurred On March 26, 2023 at Kai Kai Holiday Parks in Manzini. As reported by Eswatini News publication on April 8, sources disclosed that the judge was with the doctor and her husband at the hangout spot when the incident took place. The source alleged that the doctor’s husband had a heated argument with another man, which eventually led to the involvement of Sigwane and the judge. The judge supposedly intervened as the quarrel resulted in a fight and this led to him being assaulted in the face by the doctor. That was when the judge’s eye glasses were broken.

disrespectful

After the assault, the judge reported the matter to the Mafutseni Police Station, with the intention of getting a proper apology from the doctor. However, inasmuch as the doctor apologised to the judge, the latter felt that she was disrespectful, therefore, he laid an assault case against her. In court, the doctor conducted her own defence and pleaded guilty to the charge. Thereafter, the crown said there was no need to lead evidence and the court found her guilty as charged and based on her own plea. The accused was asked why he assaulted the complainant and in response, she submitted it was a spur of the moment thing and that the commotion escalated. She said she was trying to break up the commotion and pushed the judge away. In mitigation, Sigwane submitted that the issue would diminish her reputation. After considering her mitigation, the court then issued the sentence. The judge has given Sigwane a week to pay the E250 000.

“We are, therefore, instructed to demand from you, as we hereby do your immediate payment of the same and within seven days of receipt hereof failing which, it is regretted, we have strict instructions to institute proceedings against you and at your cost without any further notice to you,” adds the letter of demand. The Times SUNDAY understands that there are presently means being made by the judge and doctor’s close associates to bring them together so that they could avoid the legal proceedings between the two. The judge and Sigwane’s husband reportedly know each other, which is why means to broker peace between the duo is considered important. Dlamini was appointed Industrial Court judge on a permanent basis in March 2013 after acting in the position for about two years. Before serving as acting judge, he was the assistant to then Supreme Court Registrar Lorraine Hlophe (now also industrial court judge). He also worked at the Conciliation Mediation and Arbitration Commission (CMAC).