Times Of Swaziland: MAN ARRESTED FOR RAPE OF CHURCH MEMBER (16)

MAN ARRESTED FOR RAPE OF CHURCH MEMBER (16)
================================================================================
Kwanele Dlamini on 14/07/2023 07:57:00


MBABANE – A man who attended Tesalonika Church in Zion has been arrested for
allegedly raping a teenage fellow church member, who later had an abortion.
Mandla Vilakati (26), who is now employed as a butcher, however, denied ever
being in a love relationship with *Thandi (16). According to Vilakati, he and
the complainant attended the same church. He said Thandi’s family also went to
the same church. He narrated to the court, that he was interested in having a
love relationship with the complainant and decided to propose love to her.
Vilakati alleged that while trying his luck with her, around January 2023,
Thandi informed one of her sisters that he was proposing love to her and that
she was not interested in him as she was already in a relationship with a
Dlamini man. He said during this period, Thandi had been evasive with her age to
the extent that he was compelled to enquire from her sister as to how old she
really was.
Age
“Upon enquiry, her sister informed me that ascertaining the complainant’s
age was very much immaterial as she was not interested in me, since she was
already in a relationship with a Dlamini man who resides in the same area as the
complainant. “Consequently, I ceased asking her out as I was now aware that
she was not interested in me and by that time, around February 2023, I was no
longer frequenting church at Tesalonika as I was already employed at Ngwenya by
Swaziland Meat Wholesalers as a butcher,” he stated.
Vilakati also mentioned that, to his surprise and dismay, around May 2023, on a
date he could not recall, he allegedly received a phone call from the
complainant’s father, who enquired as to why he was in a love relationship
with his daughter. He said he informed him that he was not in a relationship
with his daughter since she was in love with another man.
“He then informed me that just like all the other guys he had been calling, I
will explain everything to the police. True to his word, on June 25, 2023, I was
called by members of the Royal Eswatini Police Service (REPS) to report at the
police station, where upon arrival, I was informed that there was a certain girl
(complainant herein) who had fallen pregnant and had carried out an abortion. I
was further informed that they had gathered information to the effect that the
terminated pregnancy was six weeks.
Intercourse
“I denied ever having sexual intercourse with the complainant and informed the
investigating officer that the last time I had communication with the
complainant was around January 2023, before I left to Ngwenya for employment and
consequently, there was no way I could have impregnated her as the period of
last communication was in excess of the six weeks they were alleging.”
Vilakati alleged that he was informed that he was the main suspect and as a
result he was arrested for having sexual intercourse with the complainant.
The accused was arrested by Pigg’s Peak police. He was accused of contravening
the Sexual Offences and Domestic Violence (SODV) Act No.15 of 2018, in
particular Section 3(1). He was alleged to have had unlawful sexual intercourse
with a minor. He stated that he cooperated with the police throughout the
investigation.
Vilakati appeared at Pigg’s Peak Magistrates Court on June 26, 2023. He was
remanded in custody pending setting of a trial date. The accused, who is
represented by Sivesonkhe Ngwenya of Sivesonkhe Ngwenya Attorneys, filed an
application for bail at the High Court. It was heard by Judge Nkosinathi Maseko
yesterday. The court granted Vilakati bail in the sum of E15 000. He was ordered
to pay E3 000 in cash and the balance to be in the form of sureties. When
motivating his bail application, Vilakati told the court that he was a resident
of Motshane in the Hhohho Region. He said he resided with all his family
members, including his unemployed parents.
He said as the only one who was employed, his family depended on him for
maintenance. He further informed the court that none of the Crown witnesses were
known to him and he would not attempt to influence or intimidate them. Vilakati
also told the court that he would not conceal or destroy evidence.
Objectives
He further submitted that there was no likelihood that he may undermine or
jeopardise the objectives or the proper functioning of the criminal justice
system, including the bail system. “There is no indication, with particular
regard to Section 96(4) of the Act, that it will not be in the interest of
justice not admitting me to bail pending commencement and finalisation of my
matter. “In view of the provisions of the Constitution Act 2005, in particular
Section 16 (7), read together with 21(1), matters pertaining to deprivation of
personal liberties are urgent,” said Vilakati. He argued that even in terms of
Common Law, such matters were by their very nature urgent and he submitted that
he could not be afforded substantial redress at a hearing in due course and
particularly because there was no prejudice to be suffered by the Crown if the
matter was dealt with on an urgent basis.
*Not her real name.