SOLDIER ARRESTED FOR RAPE OF INGATJA

MBABANE – A soldier has been arrested for allegedly raping an ingatja, aged 13, at Lobamba, during the course of traditional activities associated with the Incwala Ceremony.

The soldier, identified as Patrick Mfungelwa Magonso Masilela (37) of Dlangeni is employed by the Umbutfo Eswatini Defence Force (UEDF). Masilela is alleged to have raped minor, without the use of protection, exposing the minor to sexual transmitted infections (STIs). The rape ordeal is said to have occurred on January 9, 2024. Details of the circumstances of the rape ordeal are expected to emerge during trial. Masilela was formally charged under the Sexual Offences and Domestic Violence (SODV) Act No.15 of 2018. He is alleged to have contravened Section 3(1), 3(2), 3(3) (c) as read with Section 3(9) (b) of the SODV Act, by having sexual intercourse with a 13-year-old minor.

Appearing

When appearing before Senior Magistrate Sifiso Vilakati, his right to legal representative was explained to him by the Crown. He was represented by Attorney M Mabuza. The accused person’s attorney pleaded with the court to have his client remanded at the Lobamba Police Station, due to the nature of his employment, as well as the nature of the charges he faced.
The council also did not oppose the application by the Crown to have the accused person remanded in custody until the aforementioned date. The charge sheet states that the offence is accompanied by aggravating factors as envisaged by Section 185 (b) of the Criminal Procedure and Evidence Act No. 67 of 1938, in that:

“The accused person did not use of protection during the commission of the offence, thus exposing the victim to the risk of contracting Sexually Transmitted Infections (STIS) and HIV/AIDS.”  Also, the victim was below the age of 18, at the time of commission of the offence and thus, by law, is incapable of appreciating the nature of sexual act. The Crown then moved an application to have the accused person remanded in custody until January 19, 2024, pending committal to the High Court. Section 3(1) of the SODV Act states that a person who rapes another commits an offence of rape and, for purposes of this Act, the offence of rape is committed either by a male or female person against another person.

According to Section 3 (2), rape is defined as an unlawful sexual act with a person. Also, Section 3(3) (c) states that an unlawful sexual act constitutes a sexual act committed under any of the following circumstances:
(c) In respect of a person who is incapable in law of appreciating the nature of the sexual act:
Also, Masilela was charged under Section 3(9) (b). It states that where it is established that the rape was committed with aggravating factors, as referred to under the Criminal Procedure and Evidence Act the offender shall, on conviction, be liable to a term of imprisonment of:
b) If the victim is or was between 10 years of age and 18 years of age at the time of the offence, not exceeding 25 years, in the case of a first offence and, in the case of a subsequent offence, not exceeding 35 years.
The accused person was also charged based on Section 3(3) (c) of the same Act.

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