Tumisho Masha found not guilty

22 April 2018 - 11:22
By Staff Reporter
Tumisho Masha
Tumisho Masha

Actor Tumisho Masha has dodged swapping his swanky suits for an orange overall after he was found not guilty of assaulting his estranged wife by the Randburg Magistrate's Court on Thursday.

Masha issued a statement on Friday to celebrate his freedom from the case, which has been running for two years.

Masha's wife Zozibini Mtongana had alleged in her police affidavit that he had assaulted her and also damaged her phone in June 2016.

Mtongana had also made an application for a protection order against him, which Masha did not oppose, according his statement.

However, the case was withdrawn in November that year, only to be later reinstated in October last year.

The Saints and Sinners actor said his wife had rejected his offer of a brand new phone to replace the damaged one and she had instead demanded that he give her cash, driving the matter into mediation.

"In her judgment, the magistrate said that, in terms of the evidence, the complainant's statement and the state's witness did not corroborate each other," reads Masha's statement.

He said he was acquitted of assault but found guilty of malicious damage to property for smashing the phone.

According to the statement, his lawyer Clement Dankuru had argued that the matter did not belong to the criminal court.

"His [statement] in court were that no person of presiding officer acting objectively on the set of facts, can reasonably conclude that an assault GBH [grievous bodily harm] had occurred.

"The court gave credence to Mr Dankuru's version that no weapon was used, and the complainant was not struck with an open or closed hand," read the statement.

Masha said he apologised to Mtongana and their families and said he hoped his mistakes would be seen as a lesson - for young men - to hold themselves to higher standards.