RAPE AT GUEST HOUSE: SHE SAID SHE’S LESBIAN - SUSPECT

MBABANE – A man, who took a supposed lesbian to a guest house from a popular hangout spot and spent the night with her, has been arrested.

Masiko Dlamini (24) of Ekufikeni under Chief Mabaleka claimed that *Mimi (20), who reportedly told him that she was a lesbian, agreed to be with him on condition that his private part was small. Dlamini said on Monday, July 29, 2024, he was in the company of some of his friends and siblings and they went on a night out. He stated that when they arrived at the hangout spot at around 10pm, and after a few hours of drinking, he met Mimi, who he once proposed love to some years ago.

Dlamini said nothing positive materialised from the proposal back then. He said when they met again at the hangout spot, they chatted and their conversation ‘led us down memory lane and I found myself proposing to her again’. “My proposal was promptly rejected. However, the complainant herein instead advised me that she is not into men/boys as she is lesbian, but she can only be with me on certain conditions, which inter alia were; if I was to be with her, I should not be seen flirting with any of my girlfriends.

Size

“Secondly, she can only be with me if my p***s is of a small size, otherwise, I should just forget. Also, that we can only have sex at a E500 fee only,” Dlamini said. He stated that he assured Mimi of all of her special terms and conditions, in particular that he had no girlfriend and that his private part was small. He said he also assured her that he would pay her E500 after they had engaged in sexual intercourse. He narrated that around 1am to 2am, he and Mimi left the hangout spot in a taxi and went to Eveni Guest House, where he and his siblings were allegedly booked. “She willingly and without any reservations, agreed to a sleepover with me at Eveni Guest House. Upon arrival, we got into bed, wherein I undressed myself.

“She got into bed with her pair of trousers and after we had passionately kissed and cuddled, she, on her own, took off her trousers and we tried to engage in sexual intercourse,” he stated.
He alleged that penetration did not happen as Mimi was complaining of pain. “I immediately stopped. As we were both dead-drunk, we cuddled until the morning of July 30, 2024,” Dlamini said. On the following day, according to Dlamini, he was called by officers at Mbabane Police Station and was advised to avail himself on the following day at the police station.
Dlamini submitted that the police asked him to present his side of the story and he was subsequently arrested. He said he was charged for allegedly contravening the Sexual Offences and Domestic Violence Act No.15/2018. The charge sheet states that he purportedly had unlawful sexual intercourse with the complainant on July 30, 2024 at the guest house.

Offence

The offence, according to the charge sheet, was accompanied by aggravating factors as envisaged by Section 185 of the Criminal Procedure and Evidence Act, 1938, in that the accused allegedly did not use any form of protection during the commission of the offence. The accused made his first court appearance on Monday at Mbabane Magistrates Court, where he was remanded in custody until August 12, 2024. He filed an urgent application for bail at the High Court. The application for bail was to be heard by Judge Bonginkhosi Magagula yesterday. The application is opposed by the Crown, which will file a comprehensive application outlining its reasons for the opposition.

The accused submitted that he was desirous of being admitted to bail, pending the hearing of his trial. He submitted that he was presumed innocent until proven guilty or otherwise by a competent court of law. “I do further submit that my defence is bona fide to the charge against me as I did not contravene any law, especially the Sexually Offences and Domestic Violence Act, 2018.”He argued that it would not be in the interest of justice to deny him bail.  

Safety

“There is no likelihood that, if I am released on bail, I may endanger the safety of the public or any particular person or the victim. There is no likelihood that if released on bail I may attempt to evade trial. I do submit that, I am a born and bred Swazi and firmly rooted in the kingdom. I have no ties with any other country. In actual fact, my whole family is firmly rooted in the Kingdom of Eswatini. “There is no likelihood that, if released on bail I may attempt to influence or intimidate witnesses as they are not even known to me, save for the victim, as I have still not been provided with a summary of evidence containing their list and neither will I conceal or destroy evidence as I am not privy to any evidence to be used against me,” Dlamini submitted.

He is represented by Nhlanhla Ginindza of N.E. Ginindza Attorneys.
*Not her real name to protect the complainant from further harm.

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