COUNTS ALTERED FOR RAPE ACCUSED LAWYER

MBABANE – The Manzini lawyer, *Sam, accused of raping and impregnating his daughters successfully challenged one of the charges when he appeared at the Manzini Magistrates Court yesterday.

This is despite that the said charges had not even been read to him when he appeared for the first time since his arrest on Thursday. The lawyer said he would represent himself in the case. After he had been informed that he would be remanded in custody he immediately showed interest to address the court, which was presided over by Senior Magistrate Nonhlanhla Dlamini. He said one of the charges should not have been in the charge sheet because he was already out on bail for the same alleged offence. He said it would create confusion in his bail application because he was already out on bail for such an charge. The charge in question is one in which he allegedly raped his 14-year-old cousin and impregnated her in the year 2007 to 2008 at or near Fairview area in the Manzini Region. A child was born as a result of the alleged rape.

Bail

“Among these charges I am facing is a matter which is pending before this court. It has been listed as Count 2, yet I was granted bail in 2008 at the High Court. I paid E5 000 and was released. It was before Magistrate Israel Magagula. I should not have been arrested on account of such a matter because I have never violated my bail conditions despite that it occurred a long time ago,” he said. He said he had known about the case three months ago when it started appearing in the newspapers and on social media. “This case has been on social media and newspapers since three months ago. I have kept my peace to ensure justice eventually unfolds. All along I have been cooperating with the law enforcement officers, even as they came to my home a number of times, and I cooperated.

“It is also common knowledge that I am an officer of the court and some of the rules do not even need to be related to me. I will abide by the bail conditions as pronounced by the High Court,” he said. He even advised the court to stand down the matter to allow the prosecution to make consultations on the way forward. Prosecutor Cebile Nkambule then asked that the matter be stood down temporarily and the magistrate granted the request. Upon her return to the court, 15 minutes later, the prosecutor asked that Count 2 be removed from the charge sheet and the request was granted.

Minors

The implication is that instead of facing five counts as had been drafted, the lawyer will now face four counts, all bordering on having sexual relations with minors. The first count is rape of his 12-year-old daughter between 2006 and 2011. According to the charge sheet, it carried aggravating circumstances in that the accused is in loco parentis with the complainant as he is the biological father of the complainant and thus he allegedly abused the relationship of trust. Prior to the sexual abuse, the complainant was sexually inactive and the accused allegedly impregnated the complainant as a result of the rape. It was further revealed in the charge sheet that the accused allegedly exposed the complainant to the risk of infections and  HIV/AIDS as he did not use a condom.

The third count was one in which the accused allegedly raped his 14-year-old daughter between 2006 and 2011 and impregnated her. The same aggravating circumstances as stated in count 1 also apply. In count 4, the lawyer is alleged to have had sexual acts with one of his daughters aged 16 in contravention of section 3 (2)(c),3(6)(e) as read with Section 3(9)(b) of the Sexual Offences and Domestic Violence Act 15/2018. In this charge, he is further alleged to have impregnated the daughter and forced to abort the pregnancy.

In count 5, the lawyer was charged with the offence of contravening section 37(1) as read with section 37(5) of The Sexual Offences and Domestic Violence Act 15/2018. He is alleged to have, in the year 2019 to 2020 at or near Nkambeni area in the Manzini region, unlawfully maintained a sexual relationship with his 16-year-old daughter.  The charges also carry a warning that should the lawyer be convicted of the offences his particulars will be included in the National Register of Sexual Offenders.

*Not real name to protect minors.

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