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DAD HELD FOR DAUGHTER’S RAPE, BURNING HER THIGHS

08/10/2022 08:01:00 Sicelo Maziya

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MBABANE – A 46-year- old man of Mbekelweni has been arrested for allegedly raping his daughter over a two-year period.

Not only that, he also allegedly physically harmed the daughter, who was 15 years old when the alleged rape occurred, by hitting and also burning her on the thighs. It is alleged that he had the unlawful sexual intercourse with the minor from the year 2020 until early 2022.

Assaulted

It has been revealed that the minor was allegedly sexually assaulted without a condom or any form of protection by the man who was her biological father. He has since been charged under the Sexual Offence and Domestic Violence (SADV) Act. According to his charge sheet, the man further committed the crime of rape under aggravating circumstances in that the survivor was a minor and he also exposed her to the risk of contracting sexual transmitted diseases and infections. The court documents reflect that the father has also been charged with another count emanating in an unlawful and intentional assault on the victim he allegedly committed in June 11, 2022.

He allegedly hit his daughter with a knobkerrie once on the head and further burnt her on the thighs with burning firewood log. “Where such conduct harms or may cause imminent harm to the safety, health or well-being of the aggrieved person and thus did contravene the above cited Act,” reads the charge sheet.

Contravening

The father has been charged with the offence of contravening Section 3(1) as read with Section 3(3) (c) (1) together with 3(9) (c) of the SODV Act 15/2018. He has further been charged, in count two, with the offence of contravening Section 77(1) (a) of the Sexual Offence and Domestic Violence Act 15/2018. He is currently in custody at Zakhele Remand Centre but has applied for bail at the High Court. He has moved the application following his arrest last month and subsequent appearance at the Manzini Magistrates Court for remand on September 26, 2022.

He told the magistrates court that he intends to plead not guilty to the charges levelled against him. He was advised by the principal magistrate to move an application for bail after he opted to represent himself during the remand hearing. He later instructed Nduduzo Mabuza from Mabuza & Johnson Attorneys to apply for the bail. The bail application was moved at the High Court on Friday (yesterday) and was subsequently opposed by the Crown.

In his founding affidavit, the man said he was arrested by police officers from Manzini Police Station, made an appearance at the magistrates court and was still kept at Zakhele Remand Centre. He told the court that he was going to make a not-guilty plea on the charges levelled against him because he did not commit the offences and was confident of his prospect for success at trial stage. “I intend pleading not guilty to the offences I am alleged to have committed as I did not have sexual intercourse with the complainant, neither did I make any sexual advances. I submit further that there are sufficient grounds warranting the above Honourable Court to release me on bail upon such terms and conditions as it deems fit.

Violate

“I have no citizenship or residence permit with any other country and I am wholly and firmly rooted in the country. If I am admitted to bail, therefore, there is no likelihood that I may or even attempt to evade trial, neither will I violate my bail conditions which the above will attach upon admission,” he said. He further submitted that he was a family man with a wife and three other children who were fully dependant on him for their welfare and provision. He said his continuous incarceration was hindering him from providing for his dependants.

“Even though I am not yet in possession of the summary of evidence to which a list of witnesses is attached, I submit that I will not interfere and or influence State witnesses and, therefore, there is no likelihood of me interacting with them in any way whatsoever. I will not conceal and or destroy evidence or even attempt doing same. “I submit that I will not endanger public safety or any person or commit any offence if released on bail and there are no factors indicating that I would.

“There is further nothing to suggest that I may undermine or jeopardise the objectives and proper functioning of the criminal justice system,” he elaborated. He added in the affidavit that he had neither been charged nor convicted of any offence before. He said he was advised that the matter might take months at the magistrates court and his incarceration was a prejudice of his personal liberty.

Bail

“I submit further that this matter is urgent for the reason that I am currently denied and/or given limited freedom of movement, which is a right guaranteed in terms of the Constitution of the country. Exceptional circumstances exist to justify my release on bail as the right to maintenance of my children and wife is hanging in balance. “The balance of convenience favours my admission to bail as the Crown’s interest is that I do not evade the criminal trial. The conditions of bail will ensure the proper functioning of the bail system. "The Crown stands to suffer no prejudice on my release as this is merely an application for bail pending trial and my guilt or otherwise is yet to be determined,” he added. This matter comes three weeks after the arrest of a well-known lawyer who allegedly sexually abused and impregnated his children. He was slapped with three charges of rape and two under the SODV Act.Meanwhile, in another case, a man from Matsapha in the Manzini Region had his bail opposed by the prosecution after charges of sexual assault were preferred against him.

Wrongfully

He was also charged for wrongfully and unlawfully performing a sexual act with a minor aged 15 years without consent.It was gathered that the rape charges were also accompanied by aggravating factors, as he allegedly inflicted physical and mental trauma by having sexual intercourse with complainant.“The accused persons exposed the survivor into danger of being infected with sexual transmitted infections such as HIV by not using a condom,” further reads the charge. It was alleged that he committed the offence during the month of March 2020 to September 2021 in Matsapha.