Times Of Swaziland: MAN MAKES SHOCK DISCOVERY AS GIRLFRIEND RAPED IN INDUMBA

MAN MAKES SHOCK DISCOVERY AS GIRLFRIEND RAPED IN INDUMBA
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Kwanele Dlamini on 02/08/2022 11:32:00


MBABANE – A man who had accompanied his girlfriend to a traditional healer did
not believe his eyes when he saw her having sexual intercourse with a security
guard in the consultation room (indumba).
The boyfriend was waiting outside the consultation room at the traditional
healer’s homestead, while his girlfriend had gone in to be treated by the
inyanga. After a while, the boyfriend peeped through a window and made the
discovery. He is said to have seen his girlfriend and another man having sex,
while the inyanga, Jacob Khuphuka Gumedze (66) of Lubulini, watched.  The
incident happened at Lobamba on May 10, 2022. The security guard, Lucas Ntimane
(66) of Lobamba, who is a Mozambican national, and Gumedze were arrested and
charged under the Sexual Offences and Domestic Violence Act No.5/2018.
Aggravating
The charge sheet states that they both had unlawful sexual intercourse with
*Busi (20) without her consent. The offence is accompanied by aggravating
factors in that the pair allegedly exposed Busi to sexually transmitted
infections (STIs), including HIV/AIDS. In the event the two are convicted,
further states the charge sheet, their particulars will be included in the
national register for sex offenders. Ntimane has filed an application for bail
at the High Court through his attorney Mathokoza Mbhamali of Mbhamali Attorneys.
He claimed to have had consensual sex with Busi. He alleged that she reported
him to the police after her boyfriend assaulted her and questioned her on where
she had spent the night. The Crown is opposed to his release on bail.
The police officer who investigated the matter, Constable Gabsile Dlamini, who
is based at Lobamba Police Station under the Domestic Violence, Child Protection
and Sexual Offences Unit (DCS), said it would not be in the interest of justice
to grant Ntimane bail. In the opposing papers, Dlamini told the court that it
was not true that Busi consented to having sex with Ntimane or that her
boyfriend assaulted her. She said the complainant had been told by the inyanga
that if she refused to have sex with a stranger, she would go mad.
Investigator
The investigator submitted that Busi had gone to the traditional healer for
treatment. What transpired at the traditional healer’s homestead, according to
Dlamini, was that while Busi was inside the inyanga’s treatment room, she was
allegedly forced by Gumedze to have sexual intercourse with Ntimane in order for
the treatment to be effective. “...and if she did not do it, she would go
crazy. I have evidence in my possession to the effect that the applicant
(Ntimane) committed an unlawful sexual act on the complainant after threatening
her with madness if she did not consent to the sexual act,” said Dlamini. The
investigating officer stated that Busi was informed that she was supposed to
have sexual intercourse with a stranger and in this case, the stranger happened
to be Ntimane. While this was happening in the treatment room, Busi’s
boyfriend was seated outside.
“I submit that while the sexual act was taking place, the complainant’s
boyfriend was outside and for a moment he peeped through the window and was
shocked by what he saw. “He decided to call the complainant on her mobile
phone. She received the call and informed her boyfriend that she was told that
if she did not consent to the sexual act with a stranger she would go mad,’
said Dlamini. Busi and her boyfriend returned home after the security guard was
done having sex with her. Dlamini said Busi never spent the night with the
security guard and the traditional healer. The following day, the complainant
went to the police station to open a case against the two. The investigator told
the court that the evidence against Ntimane was overwhelming. She said she did
not deny the fact that the accused had a right to defend himself during the
trial.
Dlamini informed the court that Ntimane was a flight risk and it would not be in
the interest of justice to release him on bail.“He is a Mozambican national
and nothing binds him to the Kingdom of Eswatini. Further, the offence he is
facing carries a custodial sentence upon conviction and that alone can induce
him to abscond if he were to be released on bail. “It is common knowledge that
there are informal crossings between the Kingdom of Eswatini and the Republic of
Mozambique, and there is the likelihood that if released on bail the applicant
may escape,” submitted Dlamini.
Guard
The fact that Ntimane was employed as a security guard prior to his arrest could
not prevent him from evading trial. She said while investigations were ongoing,
investigators went to Ntimane’s place of employment to have a word with him,
but they did not find him. His colleagues informed the officers that it had been
days since the accused was last at work.Dlamini said when Ntimane was arrested,
he had already been fleeing and he was found in possession of a bag full of his
belongings. When the police asked where he was going with the bag, he allegedly
failed to give an answer, said Dlamini. “We took him to our charge office
where he tried to escape twice and these attempts led us to put the applicant in
our holding cells. He was caught outside the (police) station gate and these
attempts led us to put the applicant in our holding cells, and that alone proves
that the applicant was not cooperative,” she said.
In his bail application, Ntimane told the court that Busi reported him to the
police after her boyfriend questioned and assaulted her when questioning her
where she had spent the night. The investigating officer said Busi never spent
the night with Ntimane and the inyanga.
Bail
Ntimane also submitted that he would plead not guilty to the charge. He said he
was desirous of being released on bail to get sufficient time to consult with
his attorney. Dlamini, the investigator, said consultation rooms were available
at His Majesty’s Correctional Services facilities. Ntimane said he was a
lawful resident of Lobamba and had no plans to flee because if he did, he would
lose his job. However, the investigator said the accused was caught in the
process of fleeing. The matter is pending in court.