‘SAVIOLA’ ARRESTED FOR RAPE
MBABANE – Young Buffaloes attacking midfielder Sandile ‘Saviola’ Gamedze has been arrested for rape after allegedly having sexual intercourse with a 14-year-old minor.
The Buffaloes star of Madlenya area is also a soldier stationed at Phocweni Army Barracks. He is alleged to have committed the offence on January 7, 2023 at Kwaluseni in the Manzini Region. The charge sheet states that ‘Saviola’, as he is fondly known to the thousands of soccer lovers, had sexual intercourse with the minor without her consent. The offence is accompanied by aggravating circumstances, as per Section 185 bis of the Criminal Procedure and Evidence Act 67/1938 (CP&E) in that Gamedze allegedly exposed the complainant to sexually transmitted infections (STIs).
Aggravating
Another aggravating factor, according to the charge sheet, is that at the time the offence was committed, the complainant was incapable of consenting to any sexual act. The accused was arrested by Matsapha police on Monday. He was charged for allegedly contravening Section 3 (1) of the Sexual Offences and Domestic Violence (SODV) Act 15/2018. The 2021/22 Premier League top goalscorer with 26 goals, appeared at Matsapha Circuit Court on Monday and was remanded in custody. The accused was incarcerated at Matsapha Police Station.
He filed an application for bail at the High Court on the same day. In his application, the accused informed the court that the police called on Sunday and advised him to present himself at the police station on Monday. He said upon arrival at the police station, the charge under the SODV Act was preferred against him.
The Buffaloes player, who is married, argued in his bail application that he was innocent of the charge against him. ‘Saviola’, who was represented by Simphiwe Ngwenya of Thwala Attorneys, said he would plead not guilty to the charge.“I did not have sexual intercourse with the complainant. I honestly believe that the complainant is being influenced by my enemies within the family to tarnish my reputation and career,” he alleged.
The Mandla ‘ Stofu ‘ Dlamini player informed the court that it would not be in the interest of justice to deny him bail and extend his detention. He argued that there was no likelihood that he may endanger public safety or commit any of the offences in Part II of the First Schedule, according to the CP&E Act. He said there was no likelihood that, if released on bail, he may attempt to evade trial. The accused also submitted that he would not influence or intimidate witnesses since they were unknown to him at this stage. The former Madlenya FC player averred that his release on bail would neither undermine nor jeopardise the objective or proper functioning of the criminal justice system, including the bail system. He alleged that at all material times, he co-operated with the police throughout their investigations even during his arrest. Naturally, according to Gamedze, all matters pertaining to the personal liberty of individual are by their very nature urgent as constitutionally entrenched and by virtue of his personal circumstances.
Sickly
He further submitted that his incarceration would be prejudicial to his employment. He said there were exceptional circumstances in his case in that he was sickly and constantly sought medical attention. “I do not wish to dig into the taxpayers’ money for my medical costs. There is no prejudice to be suffered by the Crown at this stage as I am innocent of the charges preferred against me,” said the Buffaloes player. Judge Mzwandile Fakudze heard ‘Saviola’s bail application yesterday. The judge granted the bail application and fixed the bail amount at E50 000. The attacking midfielder was ordered to pay E3 000 in cash and provide surety for the balance.
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