A 30-year-old woman of Mankayane has been sentenced to five years imprisonment after she was found guilty of unlawfully terminating a pregnancy.
Lenhle Ngwenya appeared before Principal Magistrate Fikile Nhlabatsi at the Mbabane Magistrate’s Court, where she entered a plea of guilty to the charge of concealment of birth. Her attorney confirmed the plea and informed the court that the accused wished to accept responsibility for her actions.
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According to the charge sheet, on November 2 at Fonteyn, Ngwenya, who is not a medical practitioner, wrongfully and unlawfully terminated a pregnancy by using an unknown substance, thereby contravening the provisions of the law relating to abortion.
Ngwenya was first brought to court shortly after her arrest and was granted bail fixed at E2 000 under the normal bail conditions.
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During yesterday’s appearance, the Crown applied to hand in the RSP 88 form as evidence and subsequently closed its case. Her attorney also moved an application to close the defence case, as Ngwenya did not wish to dispute any of the facts.
During mitigation, her attorney pleaded for leniency, highlighting Ngwenya’s circumstances and cooperation with the court.
“The accused pleaded guilty at the earliest opportunity and did not waste the court’s time, which shows remorse,” the attorney submitted.
He further noted that Ngwenya is a first-time offender, a mother of three young children who depend entirely on her, and she is currently unemployed. The attorney also conveyed the accused’s assurance that she would not commit a similar offence in future.
After considering the submissions, Principal Magistrate Nhlabatsi sentenced Ngwenya to five years imprisonment with an option of E5 000 fine. Immediately after sentencing, the attorney applied for the E2 000 bail previously paid to be converted as part of the fine. The court granted the request.
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