Times Of Swaziland: NATIONAL COURT EMPLOYEE ARRESTED FOR RAPE

NATIONAL COURT EMPLOYEE ARRESTED FOR RAPE
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Mbongiseni Ndzimandze on 25/08/2022 08:52:00


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.