SOLDIER ARRESTED FOR KISSING WOMAN

MBABANE – Did you know that the manner in which you kiss a woman can land you behind bars?

A soldier has been arrested and indicted with, among other charges, allegedly kissing a woman in a sexual manner.
The member of the Umbutfo Eswatini Defence Force, Charles Mfanzile Mlambo, has been charged under the Sexual Offences and Domestic Violence (SODV) Act 15/2018.

The combatant is facing a total of three charges of contravening the above Act.
He is also accused of having touched and fondled the complainant on her private parts, buttocks and breast. The accused, however, claims that the complainant was his girlfriend and she allegedly decided to open a case against him for reasons best known to her.

According to the charge sheet, Mlambo committed these offences on January 25, 2019 at Sibayeni area in the Manzini Region.
Through these acts, Mlambo now stands charged with contravening Section 48(1) (2) (a) of the Act.

Harasses

Section 48(1) provides as follows; A person who sexually harasses another commits an offence and shall, on conviction be liable to pay a fine not exceeding E25 000 or to imprisonment for a period not exceeding 10 years or both.

Section 2 states that sexual harassment is committed where; a person subjects another to an unsolicited act of physical intimacy, including but not limited to, physical contact such as patting, pinching or touching in a sexual way or unnecessary familiarity such as deliberately brushing against another.
The Act further frowns upon a person who engages in any other unwelcome conduct of a sexual nature in relation to the other person including but not limited to offensive telephone calls and indecent exposure.

Mlambo is also alleged to have contravened Section 77(1) (a) of the Act. He is reported to have assaulted the complainant by pushing and assaulting her with an open hand once in the face. The above section defines such act as physical abuse.

The soldier further stands charged with contravening Section 77(1) (h) of the Act in that he allegedly damaged a cellphone belonging to the complainant valued at E1 580.  The above section criminalises causing damage to someone’s property.
These are allegations contained in a charge sheet whose veracity is still to be tested in court.

The accused has since filed an application for bail at the High Court, where he narrated events leading to his arrest. He is represented by Linda Dlamini of Mabila Attorneys.
Mlambo informed the court that he was innocent of the charges preferred against him and he would plead not guilty. He averred that he had great prospects of success at trial as he had a good defence.

“I never committed the offences save for that I surmise it as fabrication made up by the complainant for reasons best known to her,” contended Mlambo. He submitted that on the said date, it was the complainant who called him on his mobile phone and requested to meet him and he agreed to the request. Mlambo stated that he informed the complainant that he was actually going to Mbabane to collect his driver’s licence at the Motor Registry.

He narrated that he then met with her at Lozitha since he had already left Matsapha. According to the accused, the complainant came driving her motor vehicle.
“I submit that while inside the complainant’s car, a misunderstanding ensued which didn’t settle down well with me and I informed her that it was better that I leave and proceed to Mbabane,” submitted Mlambo.

Complainant

Mlambo asserted that he alighted from the motor vehicle; but, the complainant pulled him. While she did that, according to Mlambo, the complainant also informed him that she would not allow him to leave.
The accused explained to the court that it was then that he requested the complainant to drive him to Mbabane.

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