Woman spared jail for sending offensive SMS

Thando Nyathi' sms to Ms Isabel Moyo

A Bulawayo woman who spent a night in remand prison after she sent abusive messages over the phone to another woman in the city yesterday

 She heaved a sigh of relief when the charges were withdrawn before plea.

Thando Nyathi (33), of 1462 Nkulumane, on Monday was not formally charged with contravening Section 88(a) of the Posts and Telecommunication Services Act (sending abusive and threatening messages to complainant through cellphone), but she indicated that she was admitting when she briefly appeared before Bulawayo magistrate, Mrs Thobekile Mkhosana-Matimbe.

She was remanded in custody to yesterday for plea recording. However, the complainant in the matter, Ms Isabel Moyo, came to court yesterday and advised the prosecutor, Mr Trust Muduma, that she wanted to withdraw the charges.

She took the witness stand and told the court that she did not know Nyathi physically but she recalled her calling her husband and was said to be his relative whom she did not know.

She said little did she know that Nyathi was in love with her husband and was surprised to receive the messages.

“As a woman I feel pity for her, as she is a mother. I also gathered that she is looking after her mother who is in hospital and her children,” said Ms Moyo.
Withdrawing the charges before plea, Mrs Mkhosana-Matimbe warned Nyathi not to repeat her actions as she risked going to prison.

“I am stunned by the words which come from your mind. Someone has become human enough and withdrawn the charges against you. If I had convicted you I was definitely going to send you to prison. We can’t allow people to send such words to others. So be warned not to repeat it again,” she said.

In her statement before she came to court, Ms Moyo said she did not know Nyathi and only met her through this matter. She, however, said that some of the issues raised tally with her life experiences.

The court heard that on 5 September at around 3.02pm, Nyathi sent an SMS insulting the complainant, Ms Moyo, using foul language.

“Zwana wena msa..ko ubona ngani uGift umangalisa ngani, khathesi ngigcine abantwana ababili wena ulokhe uzalela phansi njengembambayila, nja. Urobber uGift, mfana lindela lithwale izulu uzazisola, owamdlisa khona umenza isiyelele sakho uzakuhlanza, ukuthi asikwazi, wasitshela mthakathi woth..i (Your mother’s private parts. What do you think Gift is? Right now I am looking after two children, while you lose all your children through miscarriages, you dog. “You are cheating Gift. Wait until the rains come you will regret. Whatever love potion you gave him, which caused him to be your toy, he will vomit it. He told us, you dirty witch),” reads the message.

The court heard that the following morning Nyathi again sent a similar message to the complainant and she went and reported the matter to the police.
Investigations led to the arrest of Nyathi.