Home | News | SODV SUSPECT RELEASED, MINOR WITNESS DETAINED

SODV SUSPECT RELEASED, MINOR WITNESS DETAINED

09/01/2021 00:57:00 BY Zwelakhe Moahloli

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MANZINI – A 16-year-old girl, who under normal circumstances, should be out of prison, is spending time at the Mawelawela Correctional Institution.

The teenager, who is treated as a remand inmate, is actually a survivor of Sexual Offences and Domestic Violence (SODV) Act. She is also the prime witness in the case in which her alleged boyfriend is a suspect.

Her detention order was signed by Nhlangano Magistrates Court Senior Magistrate NJ Dlamini, who directed that the girl, *Notsile, should be kept at the juvenile institution as a place of safety pending the finalisation of the case where she is a critical witness.

Commit

The application to commit Notsile to the Correctional facility was made by a senior prosecutor and Social Welfare officer based in Nhlangano on an ex parte basis (Ex parte means an application made without the knowledge of the party).

Information sourced from an impeccable source, said the suspect who is a soldier by profession, is alleged to have had a sexual relationship with Notsile who is a minor and therefore cannot consent.

Currently, the suspect is out on bail.

According to information sourced from a report compiled by the Commission on Human Rights and Public Administration/Integrity, Notsile was detained around March 2019.

The commission is a constitutional body established under Section 163 of the Constitution of Eswatini Act No.1 of 2005. It is empowered by Section 164 (1) to investigate complaints concerning alleged violations of fundamental rights and freedom guaranteed by Chapter II of the Constitution.

Possession

The Commission was informed by the Correctional Services that Notsile was brought to them by Nhlangano Police who were in possession of a court order.

In terms of the order, Notsile was a critical witness and there had been proof of interference by the accused person.

Also, it stated that the Correctional Services should receive the minor as a remand inmate since she was a witness under protection and that she should be allowed to continue attending school.

At that time, Notsile was in Grade VII.

When the office of the director of public prosecution (DPP) was contacted by the commission, it reported that Notsile was a victim and a prime witness in the case.

“After the commission of the crime she was taken to her parental home in Nhlangano with the intention of obtaining her birth certificate to prove her age. However, on arrival, she failed to produce it and fabricated a story.

“Later, she disappeared from home and her whereabouts were unknown, which defeated the progress of the criminal case in court,” the DPP informed the commission.

Adding, the DPP said on a particular day, Notsile’s father came across her in Manzini.

She is alleged to have informed her father that she was renting a flat around Manzini.

“It transpired that it would be difficult to secure her attendance in court hence an application was moved in terms of Section 24 of the Children’s Protection and Welfare (CPW) Act, and that the minor be taken to a place of safety,” the DPP related to the commission.

After the case had been enrolled, the DPP stated that the suspect’s attorney approached the prosecutor on instruction of the soldier, asking why his client had been arrested because the victim was not 15 years old but 23 years old.

Confirmed

“This was confirmed by the minor, who told the court that she was not sure of her age, and later said she was not 15 years old but 23 years old.

“She further said she last attended school at Nhlangano Central High School, where she was doing Form IV,” the DPP said.

Adding, the DPP stated that an investigation was conducted and it was discovered that Notsile was never a pupil at the school.

Also, it was mentioned that an application to declare Notsile as a hostile witness was moved before court.

The office of the DPP further informed to the commission that it had noted so much interference with the case by the defence, hence an application was moved that Notsile be kept at Mawelawela so that the case was not jeopardised.

*Not her real name.