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Headmistress Who Allegedly Shared Nude Picture On WhatsApp Acquitted

Headmistress Who Allegedly Shared Nude Picture On WhatsApp Acquitted

The Kumalo Primary School headmistress who was facing charges of posting pornographic material on WhatsApp has been acquitted.

Stella Mhlanga was charged for contravening Section 26 of the Censorship and Entertainment Control Act Chapter 10:04 (Possession of prohibited articles).

Allegations were that she accidentally shared a revealing picture of her private parts on her WhatsApp status.

In her defence outline, Mhlanga through her lawyer Byron Sengweni of Sengweni Legal Practice argued that she was never in possession of the alleged pornographic content.

She said she received the phone from her sister Sibusisiwe Moyo who is based in South Africa.

Mhlanga further stated that before her sister handed over the phone to her, she cleared the phone memory and when she received the phone there was absolutely nothing in it.

In acquitting her, Bulawayo magistrate Marygold Ndlovu ruled that the State failed to establish essential elements of the charges levelled against Mhlanga. The magistrate ruled:

In the court’s view, the fact that the images were only recovered through forensic software makes the accused person’s defence that everything was cleared at the time she received the cellphone reasonably possibly true.

It is equally possible that these images had been deleted prior and were not visible in the gallery with a naked eye.

Further, the evidence led on behalf of the State did not prove whether these are the same images posted to the accused person’s WhatsApp status.

Had the State led evidence to prove that these were the same images posted on the accused person’s WhatsApp status the court could have been persuaded that the accused had been in possession of the images at that time and had deleted them to conceal evidence.

In case the court finds no reason to dismiss the accused’s defence as not reasonably possibly true.

In the premises, the State has failed to prove its case beyond reasonable doubt and the accused person is accordingly found not guilty and acquitted.

Prosecutors had alleged that on 2 August 2021, the Provincial Victim Friendly Unit received a tip-off to the effect that Mhlanga had posted pornographic material on her WhatsApp status.

On realising her error, Mhlanga allegedly immediately removed the picture but some of her contacts including teachers and parents with children at her school had saved it and forwarded it to their friends.

Mhlanga was eventually arrested following investigations by the police.

Investigators also seized her cell phone Samsung N910F Galaxy Note taken to the police station.

The cellphone was then referred to CID National Cyber Forensics Laboratory, Bulawayo for examination.

During the forensic examinations, four pornographic images were allegedly retrieved from Mhlanga’s phone.

More: B-Metro


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20 Comments

ﹰSoil 1 month ago

The headmistress is right .The person who is interfering with our daily life is our government. Thumbs up headmistress ponotgraphic is all over the world .The children you are teaching know the subject better than you .


Chief mazibuse 1 month ago

Kanti khumalo ulahlelka ngapi? loheadmstressndini is a motherly figure someone. Who is looked upon by the kids she teaches. She has the responsibility of teaching them values and and decency, even the ettiquetts and ethics of her field does not allow her indecent exposure in whatsoever circumstances. Kune inonzi code of conduct for a person in her position and ethics, profeesionalism. That's why sithi teaching must be a calling not an enterprise. Even her phone is not supposed to be used for such dirty things because that number hs the kids and parents. Why eswela umsika wokutengisela amatamatisi akhe


Tauya Munaro 1 month ago

Tsvagai mhondi munyika mapurisa mumbosiya izvi


💯 1 month ago

*#06#


Dull Dude 1 month ago

Thank you, God bless you .Ohh Wonderful

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Dull Dude 1 month ago

Guys what's the code to check IME code?


aaaazzz 1 month ago

kkkkkkkk private private.


THE FIEND 1 month ago

I saw that status , she later deleted that and tried to apologize for her mistake.I guess she was high by then during the act. As for the court, you can bribe all the way out .Plus everyone is possessed with pornographic material, so it's no big deal.. I saw her assets and I still have them..


private 1 month ago

ko. tipooo ka tione maassets acho

Lie 1 month ago

Share

private 1 month ago

ko tionei kaaaaaa mapictures acho😅


. 1 month ago

Yoe privates must remain private.... Uzbambe weheadmatreas


. 1 month ago

Indaba zithandwa nguwe f bungzthandi why ngavelanga wathula.. Yaphapha wena Khumalo

Khumalo 1 month ago

Lawe yeka Indaba engaso zakho. Ungenaphi kumaprivate part omunye umuntu. Awakhe phela, asefonini yakhe Ku status sakhe. Abantu liyadina njani

❤️ 1 month ago

She was a side chick of some Provincial and District officers


Nimrod 1 month ago

Hapana nyaya apa. People are watching these things everyday. Police should spend more time following up on criminals rather than such cases

. 1 month ago

having pornographic material for yo own private viewing shouldnt be a crime . distributing it on social media is a crime as most pple will nt be ready for such material on their phones , also kids have access to parents phones . so guys keep yo privates private !


Loveness chigoche 1 month ago

True privet must remain privet

JC Form IV 1 month ago

Archaic censorship laws that are completely out of sync with ICT developments. You cannot police private lives. If it were possible 95% of mobile phone users would be criminals because the amount of nude pictures circulating is huge.

A cursory look at WhatsApp HookUp groups will show that the majority of people have porn material in their galleries. So what?


Headmistress Mhlanga 1 month ago

ndabuda D panyaya yeP u n a n i yandakanz irimuphone,the PED had to swop me with another head
i will be transfered to another school



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