Chief Sibengwane in court for 1994 assault

MBABANE- Sixteen years down the line, Chief Sibengwane Ndzimandze of Ka-Shoba appeared in court for allegedly commissioning his regiments to assault a resident of the area who had not heeded a royal call.

The chief has been taken to the High Court by one of his subjects, Steward Shadrack Dlamini, known as Madeva-bovu, for an incident which happened in 1994.
Madevabovu alleges in his papers in court that on April 15, 1994 the chief wrongfully and unlawfully instigated, incited and procured some members of his regiments to assault and kill him.

The chief is the first respondent in the matter. The rest are Mgoba Msibi, Themba Ndzimandze, Themba Nhleko, Mbongeni Tsabedze, Makheveni Joseph Matsenjwa, Amos Bulunga and Msibe Ndzimandze. Save only for Msibi, Bulunga and Nhleko, the rest of the respondents have been allegedly reported deceased.
Acting on instigation, incitement and instruction, these respondents are alleged to have indeed assaulted Madevabovu on the said date.

As a result of the said assault, the applicant was injured in the following manner:
1. He had a right sided hemiplegia
2. A depressed fracture on the left temparal bone
3. An injury to the left ear
The injuries were so severe that the plaintiff had to be operated upon to relieve the compression on the brain caused by the fracture of the skull.
He is now permanently disabled in that he suffers from severe epileptic fits. After the assault, he was hospitalized for 30 days and upon discharge, he remained an out-patient and to date he is attended to by a doctor twice a month.
In addition to the above damages, the applicant was, prior to the assault, engaged in commercial and subsistence farming, growing cotton as a cash crop and maize as a subsistence crop.
In consequence of the assault, he suffered damages as follows;
1. Loss of income from date of assault to date hereof - E377 400
2. Hospital and medical expenses from date of assault to date hereof - E57 600
3. Pain and suffering including permanent disability - E50 000
Total - E485 000

Chief Sibengwane denies commissioning assault

MBABANE- Chief Sibengwane Ndzimandze denied ever commissioning his regiments to attack one of his subjects who had not heeded to a royal call.

The chief was giving evidence before High Court Judge, Justice Mbutfo Mamba on Tuesday at the High Court. He told the court that on the day of the alleged assault, the regiments had assembled at his residence to construct a cattle byre after being summoned by the headman (indvuna).

 He went on to say that some of the subjects had not attended to the call and the regiments had to visit them at their respective homesteads to enquire as to why they had not shown loyalty to the chief. Amongst those who were allegedly visited was Madevabovu. He told the court that when the regiments arrived at Dlamini’s homestead, a skirmish ensued. The chief told the court that when all this took place, he was at his place of employment and was only told the reports by the headman on that following Sunday.

When the chief was asked by applicant’s lawyer, Zonke Magagula, as to whom does the headman take orders from, Ndzimandze admitted that he is the “Makhulu baas” of the area and the headman takes orders from him. However, he denied ever commissioning the headman to send the regiments to assault Madevabovu.
 

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