OUT-ON-BAIL RAPE ACCUSED HELD FOR E438K ‘FACATA’ SCAM

MANZINI – Hardly three days after being released without paying a cent in bail for a rape offence, a teenager is back in custody for alleged ‘facata’ scams.
Sinenkhosi Ncamiso Sikhosana (19) of Thulwane has been arrested for allegedly swindling a woman over E400 000 through the infamous ‘facata’ scams. Sikhosana’s arrest came after he was on Monday released by Judge Zonke Magagula on his own recognisance. The accused was initially arrested for allegedly contravening the Sexual Offences and Domestic Violence (SODV) Act 15/2018 charge. He was accused of raping a 14-year-old and he was granted bail. After being released on bail, Sikhosana was once again caught allegedly raping the same minor and he was arrested for the second time. Judge Magagula released him on Monday and warned him sternly not to return to KaBhudla, where the offence was committed, at all cost. The judge also told the accused that he did not expect him to come back to court to ask for bail. No sooner had Judge Magagula warned Sikhosana, today he is back in jail, for the third time in about eight months.

Sikhosana yesterday appeared before Manzini Principal Magistrate Florence Msibi. He faces 70 counts such as theft by false pretences, allegedly contravening the Prevention of Organised Crimes Act (POCA) No.11 of 2018 and violating the Computer Crime, Money Laundering and Financing of Terrorism (Prevention) Act of 2011, as well as the Cybercrime Act No.6 of 2022.

Gang

According to the charge sheet, Sikhosana is allegedly a member of a criminal gang. He is said to have committed criminal activities by stealing E438 217.17 from Martha Ntombi Nyamane, for the benefit of his criminal gang. This incident reportedly happened in Mbabane in September 2024. Sikhosana was also charged with theft by false pretences for the same offence. In addition, Sikhosana faces a charge of contravening the Money Laundering and Financing of Terrorism (Prevention) Act. He is accused of violating the POCA, by allegedly stealing E152 325 from George Mcoshwa Ndlangamandla in Nhlangano, in August. Sikhosana is said to have misrepresented himself to Ndlangamandla by posing as someone who was assisting in removing hacking viruses from his cellphone and bank account. He is further accused of unlawfully using the stolen money, knowing or having reason to believe that it was obtained through criminal activity.

Another charge shows that Sikhosana allegedly swindled E46 456.21 from Phindile Dlamini in Manzini, once again for the benefit of his criminal gang. Sikhosana yesterday appeared without an attorney and he was remanded in custody. When he appeared before Judge Magagula on Monday the court ordered him to stay away from the area where he is alleged to have committed the rape charges. Judge Magagula warned him not set foot at KaBhudla. The accused was released on his own recognisance.

Warning

In warning the accused, Judge Magagula said: “Whether there is a funeral, wedding or any event, you must stay away from KaBhudla. If you starve wherever you are, just stay there and starve to death, as long as you don’t go to KaBhudla. Even if it’s at night, in the morning or during the day, do not go to KaBhudla. This is very serious.” In his bail application, Sikhosana requested that the court set a reasonable bail amount, explaining that he was unemployed. The teenager appealed to the High Court for mercy, seeking to provide a personal surety for his release. He revealed that he lives with his self-employed mother, while his father passed away years ago. The Crown initially opposed the bail application. Detective Constable Mphumuzi Simelane, from Siteki Police Station under the Criminal Investigations Department (CID), disputed Sikhosana’s innocence.

Simelane stated that the accused had committed these offences while out on bail for a similar charge. Sikhosana was arrested in March 2024 and granted bail in June 2024. “Now, he has committed the same offence against the same survivor,” Simelane said, adding that there is overwhelming evidence that could lead to a custodial sentence if Sikhosana is found guilty.
Simelane further noted that there was a risk Sikhosana might attempt to flee after being released on bail. “The survivor’s biological father caught him red-handed and threatened to shoot him. The father had reported the matter to Mafutseni Police Station, stating that if he found the applicant at his home, he would shoot him,” said the investigator. Simelane explained that police intervened at Sikhosana’s residence to prevent further escalation. “The applicant’s life was saved, thanks to police intervention. Therefore, his safety is not guaranteed,” he concluded.

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