Times Of Swaziland: FATHER ARRESTED FOR SEXUAL ABUSE OF  2 GIRLS

FATHER ARRESTED FOR SEXUAL ABUSE OF  2 GIRLS
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BY MBONGISENI NDZIMANDZE  on 11/03/2020 01:10:00


MBABANE – Grandmothers are known to be protective of their grandchildren, but
in an atypical case a woman is supporting her son who stands accused of sexually
abusing his two minor children.
According to the police, the father would force his children to sleep on the
same bed with him and would also allegedly force them to give him goodnight
kisses.  He would further allegedly force them to open the bathroom while they
were taking a bath.
The minors are aged 14 and 16, respectively.
The State has since taken the two teenage girls to a place of safety after some
of the relatives blew the whistle on the alleged abuse.
Rape
The father has been arrested and charged with rape under the Sexual Offences and
Violence (SODV) Act. He is alleged to have raped the 16- year- old and in the
process induced lifelong trauma to the complainant as he is her biological
father.
It is alleged that the grandmother would always side with her son every time she
was informed about the alleged abuse of the two minors. The name of the accused
has been concealed to protect the identity of the complainants.
To show her support for his son, the woman has deposed to confirmatory affidavit
where she is pleading with the court to release him (father) on bail.  She is
supporting her son’s assertion that he did not sexually abuse one of the
minors.
She informed the court that the accused needed to continue maintaining his
children and if not granted bail, they would be greatly prejudiced.
According to the grandmother, two women, together with the children, came to
collect clothes of the teenage girls without discussing anything with the
family. She said she allowed them to take the children as she did not want to
find herself breaking the law.
“I wish to submit that the children were taken from their father without any
discussion with anyone, including the whole family, and such was irregular.  To
date, we have not had any formal discussion as a family with whosoever is
keeping the children,” submitted the woman.  She argued that this was in total
violation of their rights as a family since the children were their
responsibility.
In his opposing affidavit, the investigator of the case, Detective Constable
Sifiso Ndlangamandla, submitted that the children first reported the abuse to
the accused’s mother, who did not do anything. The minors, according to the
investigator, then went on to report the alleged abuse to some of the
accused’s relatives who then alerted the police.
Church
“I submit that the accused has never resided in peace with his children, we
would constantly get reports to the effect that the children at school were
reporting incidents of abuse at home perpetrated by their father who is the
accused in this matter.
These reports were also made to members of the church to which the accused and
his family are members,” submitted the investigator.
He also brought it to the attention of the court that the accused was once
convicted and sentenced to five years imprisonment without an option of a fine
after he had been charged for indecent assault of one of the children. 
According to the police officer, coincidentally it was the very same child who
is the complainant in this matter.
He also dismissed the claim by the accused that the two children were at the
Jehova’s Witnesses Church in Manzini.
“We never revealed where we were taking the children to for their own safety.
I submit that we also did not reveal even to the accused person’s mother as we
have proof that in these kind of matters she always  takes the accused
person’s side,” contended Ndlangamandla. The law enforcer further denied the
accused person’s assertion that his (accused) relatives were not involved in
the whole process of taking the children to a place of safety.
He told the court that there was an overwhelming evidence against the accused
person in this matter and he (investigator) had no doubts that a conviction
would be secured.
“I submit that the complainant and some of the witnesses in this matter depend
on the accused person for their needs and upkeep hence there is a great
likelihood that if released on bail, he will influence them or intimidate the
complainant and witnesses. They will end up not testifying,” contended
Ndlangamandla.
Witnesses
He went on to tell the court that the accused would influence or interfere with
Crown witnesses as all those who are expected to testify were known to him. 
Ndlangamandla disclosed that some of the witnesses are related to the accused
and the complainant was his biological daughter. He argued that the court could
not completely ban communication between them due to the nature of their
relationship.
He averred that the accused person’s real homestead was unknown to the police
and when they asked him his place of abode, he allegedly did not give a clear
straight answer.  The accused is said to have hinted that he was from the
Republic of Mozambique. Ndlangamandla contended that there was likelihood that
if released on bail, the accused would use an informal crossing when going to
Mozambique or change his place of residence without anyone knowing his new
location.
“I submit that the accused came to the police station and reported not seeing
his children. However, he did not want a docket or an enquiry file to be opened
on the matter,” submitted the investigator.
Advised
He narrated that at the police station, they advised the accused to go to the
Social Welfare Department offices. Ndlangamandla said he was reliably informed
that indeed on the following day, the accused went to the Social Welfare offices
whereat he mentioned that he was looking for the children.
“I dispute that none of the accused person’s relatives know the whereabouts
of the children. The relatives know the whereabouts of the minors since they
were aware of the abuse that has been going on for some time,” argued
Ndlangamandla.
Appearing for the Crown is Precious Dlamini from the chamber of the Director of
Public Prosecutions, while representing the accused is Mhlonishwa Shongwe. The
bail application is pending before Judge Doris Tshabalala.