KOMBI DRIVER, CONDUCTOR ARRESTED FOR RAPE OF 1 WOMAN

MBABANE – A kombi driver and conductor were last week arrested for allegedly having sexual intercourse with one woman.

The driver alleged that the woman was his girlfriend, while the conductor is alleged to have touched her thighs while she was having sexual intercourse with the former. The kombi driver, Sibusiso Mpungose (32) of Sigangeni and the conductor, Bonginkhosi Nsimbini (25) of Nkoyoyo, were both charged under the Sexual Offences and Domestic Violence (SODV) Act No.15 of 2018. The charge sheet, however, states that the two men both had sexual intercourse with the woman. It also states that Nsimbini harassed the complainant by touching her on the thighs. The offence was committed on June 11, 2023 at Qobonga in Mbabane. The offence was accompanied by aggravating factors in terms of Section 185 of the Criminal Procedure and Evidence Act 67/1938, in that they exposed the complainant to sexually transmitted illnesses (STIs), including HIV/AIDS.

The driver and conductor were arrested on July 8, 2023 and made their first court appearance on July 10, 2023. They were remanded in custody pending committal to the High Court.
The accused persons filed an application for bail at the High Court. Mpungose informed the court that on the day of the incident, while in Mbabane, he drove his kombi, which services the Sidwashini-Qobonga-Mbabane route, to visit his girlfriend, who is the complainant.

Dropping

He informed the court that he was in the company of the second applicant (Nsimbini), whom he worked with ‘as my kombi conductor’. Mpungose submitted that he took Nsimbini along so that he may take the kombi to a car wash after dropping him off at the girlfriend’s place. “The second applicant left me with my girlfriend whereat we had consensual sexual intercourse. While having sexual intercourse, I was alerted by my girlfriend that the conductor was in the room and was attempting to sexually molest her by touching her on the thighs. I confronted the second applicant and he denied same. He was physically intoxicated. My girlfriend accused me and the second applicant of having both planned to sexually assault her. She then reported us for sexual assault to the police whereat we were charged for contravening the Sexual Offences and Domestic Violence Act 15/2018,” Mpungose narrated.

He denied ever sexually assaulting the complainant at anytime. He alleged that they had consensual sexual intercourse ‘as she was my girlfriend’, whom he had visited at her home. He denied conspiring with Nsimbini to sexually assault the complainant. The accused informed the court that due to his incarceration, he might lose his job, jeopardising his future and that of his dependants. He also denied committing the offence ‘as the complainant is my girlfriend and has been for a while’. “I had consensual sexual intercourse with her, only to be spooked by the presence of the second applicant whom I am also not aware how he entered and what his intention was, as I never conspired with him in any way whatsoever. I am advised and verily believe that such evidence shows that I did not commit the said offence, and thus constitute exceptional circumstances,” alleged Mpungose.

Worsen

He told the court that he was a sickly person and the conditions at the Sidwashini Correctional Services would worsen his situation. He alleged that the cells were poorly ventilated and there was overcrowding and they slept on a cold floor mat without adequate blankets. Mpungose said if the court granted him bail, he undertook not to abscond trial and not to interfere with Crown witnesses, especially because he, the complainant and his co-accused, stayed in different places. He also undertook to abide by all bail conditions. Mpungose further submitted that he would not tamper with any Crown witnesses. He also told the court that he cooperated with the police during their investigation and did not resist arrest. He also told the court that it would not be in the interest of justice to refuse him bail. “I fear that now that I am incarcerated I will lose my source of income, as I am employed as a kombi driver, and looking at the economy, it is very hard to get employment. I submit that exceptional circumstances exist in my case that permits that I be released on bail,” he added. The kombi driver argued that the matter was urgent because he was innocent of charge and the Crown would not be prejudiced if he was granted bail. He submitted that he would not be in a position to pay an amount of E15 000 as bail.

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