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SITEKI – Did you know that having sexual intercourse in front of a minor is a serious offence which carries a maximum fine of 15 years without an option of a fine?

Well, a couple of Siphofaneni learnt this the hard way after they were arrested for allegedly enjoying intimate moments in front of a nine-year-old minor, who was in the company of an elderly man. Nkosinathi Mamba (24) and his lover Nonhle Ndlovu (23) have been charged with contravening section 41 of the newly promulgated Sexual Offences and Domestic Violence Act No: 15/2018. “The said accused, both acting in furtherance of a common purpose, did wrongfully, unlawfully and intentionally have sexual intercourse in the presence of (elderly man) and ...a minor of nine years old,” reads the court papers in part.


Section 41 of the SODV Act provides that offenders ‘shall, on conviction, be liable to a term of imprisonment not exceeding 15 years’. The couple was arrested after the elderly man had reportedly opened a case against them at Siphofaneni Police Station. Consequently, the two lovebirds were charged and brought before Magistrate Joseph Dlamini, who was sitting at Siphofaneni Circuit Court. They both elected to conduct their own defence when they were informed of their right to legal representation, and when the charge was put to them, they both pleaded guilty. However, prosecutors applied for the postponement of the matter, further indicating that they wanted to call in witnesses to prove commission of the offence.

The magistrate granted the application and postponed the matter to March 27 next year. But before that date, the magistrate stated that both the accused should appear for a remand hearing scheduled for December 27 this year. Meanwhile, both accused persons informed the court that they did not intend to have sexual intercourse in front of the minor. Mamba told the court that they had assumed that both the minor and the elderly man were asleep when they entered the house at night.
However, the magistrate seemed not to buy their story.
He asked the couple why they continued having sexual intercourse after they had noted that the minor and the elderly man were awake.
In response, Ndlovu said she tried to stop her lover but he insisted on having sex despite the fact that the minor was awake.
Mamba did not dispute that he was the one who insisted that they continue having sexual intercourse despite that the minor and the elderly man were awake.
Instead, he blamed it on his libido, telling the court that he couldn’t control it.
On another note, the couple applied for bail and their application was not opposed by the Crown.
They were each released on E2 000 bail.
Trial for the matter commences on March 27, 2019 at Siphofaneni Circuit Court.

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