THE Western Commonage magistrates courts has thrown out a protection order violation case against an Emganwini suburb woman accused of assaulting her ex-boyfriend by grabbing him by the balls after the State failed to prove its charges beyond reasonable doubt.
Sinokulunga Ncube was being charged with violating a protection order as defined in Section 10(8) ARW and section 4 of the Domestic Violence Act, Chapter 5:16 after Innocent Marapuka (27) was granted a protection order against her on 12 July 2021 which required the accused not to physically abuse him.
However, she was said to have violated the protection order on 8 November last year at around 7pm when she found Marapuka cleaning his car and grabbed his phone which resulted in them having a misunderstanding.
Ncube is said to have held Marapuka by the collar and pulled his testicles resulting in him having difficulties walking.
The complainant reported the matter to the police and was referred to seek medical attention.
The accused pleaded not guilty.
In her defence, the accused stated that she did not assault the complainant but the complainant is the one who followed her and twisted her hand, strangled her before he forcefully took her cellphone which was returned to her at Nkulumane police station.
The court concluded that the State did not prove its case beyond a reasonable doubt.
The accused was found not guilty and acquitted by magistrate Ulukile Ndlovu.