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RAPE ACCUSED EX-MR SWAZILAND GRANTED E50 000 BAIL

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MBABANE – Former Mr Swaziland Linda Sithembiso Dlamini has been admitted to E50 000 bail by the High Court.

Dlamini who is also a karate artist, is facing two charges under the Sexual Offences and Domestic Violence (SODV) Act 15/2018. It is alleged that on October 14, 2021, he unlawfully had sexual intercourse with a 13- year-old girl, who is incapable of appreciating the nature of the sexual act.  According to the charge sheet, the accused further intentionally maintained a sexual relationship with the complainant.   

The court was informed that the aforementioned charge was accompanied by aggravating factors in that the complainant was below the age of 18 years at the time of the commission of the offence and thus could not appreciate the nature of the sexual act performed on her. It was the Crown’s contention that the complainant was also incapable of appreciating the nature of the relationship. Dlamini was admitted to bail by Judge John Magagula after his lawyer Noncedo Ndlangamandla moved an urgent bail application.  The court directed Dlamini to pay E3 000 cash and provide surety for the balance.

In his bail application, Dlamini narrated to the court that on January 18, 2022, he was arrested by members of the Royal Eswatini Police Service (REPS), and subsequently charged with two charges of contravening the SODV Act of 2018. “I am innocent of the charges against me and I will plead not guilty to same. Pending the hearing of my trial, I am desirous of being admitted to bail as I have great prospects of success. I have a good defence to the charges,” he argued. He alleged that on the day in question, the complainant had reportedly disappeared from her homestead and a search for her ensued. “She arrived at my house in the morning of the following day and asked to hide while her mother was preparing to leave for work, so that she could sneak back into the house,” alleged Dlamini.

The accused brought it to the attention of the court that at the time, the complainant was his neighbour as he was renting a house in the same compound and her mother was the landlady.
Dlamini claimed that he left the complainant in his room and went to the shops to buy some food and upon return, he found that she had left. “In the evening and upon return of her mother, she confronted me and said she was going to report me to the police for engaging in sexual intercourse with her daughter. She also told me that she had been informed that her daughter spent the whole night in my house,” alleged the accused.

He said he was surprised because ever since he began living in their compound, the complainant had always been a wayward child who would disappear time and again. Dlamini told the court that every time the complainant disappeared from home, he would assist in the search for her in the area. “I deny that I had sexual intercourse with the complainant at any point and especially that she spent a night in my house,” contended Dlamini. The Crown in this matter was represented by Nomkhosi Dlamini from the chamber of the director of public prosecutions (DPP).

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