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A 65-year-old Malawian national told Magistrate Xolile Nxumalo that he collided with another vehicle because he was stressed when his wife kicked him out of their home.


Friday Phiri was in court to answer a charge of contravening the Road Traffic Act.

According to the charge sheet, on December 17, 2025, at Eden Guesthouse, Phiri unlawfully swerved and struck a Toyota Hilux LDV driven by a 31-year-old man from Matsapha.

When advised of his right to legal representation, Phiri elected to conduct his defence and pleaded guilty to the offence.


Stress at the Time

He told the court that at the time of the incident he was not in his right state of mind.

“I was stressed because my wife had chased me away from our home and I am dependent on her while in this country. At the time the accident occurred, I was stressed about where I would stay because I was homeless, and that is what led to the collision,” he said.


Mitigation

When questioned by the presiding magistrate about his current place of residence, Phiri said he was currently staying with friends.

He further explained that when he came into the country, his intention was to fetch his wife so that they could return to Malawi together.

During mitigation, Phiri told the court that he was unemployed and pleaded for the court’s leniency. He added that his wish was to reconcile with his wife and resolve their differences.


Sentence

After considering his plea and the circumstances surrounding the offence, the magistrate sentenced Phiri to three months imprisonment, with the option of a E500 fine.

However, the sentence was wholly suspended for 12 months on condition that he does not commit a similar offence during the period of suspension.

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