NATIONAL COURT EMPLOYEE ARRESTED FOR RAPE

MBABANE – An Eswatini National Court employee, who is based in Nhlangano, has been arrested for an alleged rape.

Mkhulisi Mongi Fakudze, the son of a staunch traditionalist, is reported to have committed the offence on June 11, 2022 at around 4pm. Fakudze (42) of Elangeni now stands accused of contravening the Sexual Offences and Domestic Violence (SODV) Act of 2018. According to the Crown, the offence was accompanied by aggravating factors. It is alleged that he exposed the complainant to a risk of contracting sexually transmitted infections. The age of the complainant has not been stated in the charge sheet. The accused yesterday moved an urgent bail application, where he vehemently denied to have committed the offence.

In motivating his bail application, Fakudze brought it to the attention of the court that he was a sickly person who suffered from asthma and tuberculosis. He recounted that on August 16, 2022, he was arrested and detained by members of the Royal Eswatini Police Service (REPS) from Lobamba Police Station. The accused said he was then charged for contravening Section 3 (1) of the SODV Act, wherein it was alleged that he had sexual intercourse with the complainant. “I deny any such wrongdoing and I am also surprised. I have full confidence in that I will be acquitted when the matter is ripe for hearing,” submitted Fakudze.

Survive

Fakudze went on to submit that he was currently kept at Sidwashini Correctional Facility, where it was difficult for him to survive. “I submit that I suffer from asthma and tuberculosis. I further aver that in prison it is very cold. The mattress and blanket we use are too thin,” he argued. It was also his contention that his continued stay in prison was prejudicial to him and his family. Fakudze also claimed that he was a breadwinner and looked after his five children and siblings. “I am currently employed at Swazi (Eswatini) National Court in Nhlangano. It is my humble submission that if my bail application takes it normal course, I will lose my job,” argued the accused. He also made an undertaking that if released on bail, he would not cause public disorder or endanger it. “I further submit that I am the kind of person who cares and I am also handy to the society and the entire community,” submitted the accused.

Fakudze said he was presently not aware of the witnesses to testify against him during his trial. He, however, undertook not to interfere with any of them or any other evidence to be used during his trial. The accused also pointed out that he had no property or other financial interests outside the Kingdom of Eswatini. He told the court that he was born in Eswatini and all his assets and relatives were in the kingdom. “I submit that my sickness makes it difficult for me to live in a cold environment like prison, where the opening and closing of windows and bedding used is beyond my control,” he argued. In the event he was admitted to bail, Fakudze undertook to relocate to Nhlangano.

Family

“The Elangeni area and the complainant’s family will be too far from where I will be staying. There is no pending charge laid against me nor do I have any outstanding legal issues,” he argued. The bail application will be heard at the High Court today. The accused is represented by Mlindzi Phinda Mthethwa, of Ben J Simelane and Associates in Manzini. Eswatini National Courts, where the accused is employed, have jurisdiction to adjudicate petty criminal offences and minor civil disputes governed by customary law. The national courts system is governed by the 1950 Swazi National Courts Act and includes Swazi Courts, Swazi Courts of Appeal, Higher Swazi Court of Appeal and the Judicial Commissioner. Cases are dispensed with, according to unwritten customary law, in a relatively speedy manner, as individuals accused in criminal matters are not permitted counsel.

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