MAN ACCUSED OF FAMILY SEX CULT ARRESTED FOR RAPE OF NIECE (8)

MBABANE – Police have arrested a member of the Shembe faith, who allegedly belongs to a cult that promotes sexual activity among family members. *Sam (52) is alleged to have had sexual intercourse with his eight-year-old niece.  He faces a charge under the Sexual Offences and Domestic Violence Act 15/2018. The alleged offence occurred in October 2024 at Shewula. 

Aggravating circumstances, as defined by Section 185 bis of the Criminal Procedure and Evidence Act 67/1938, accompany the charge. These include the alleged use of no condom, potentially exposing the minor to sexually transmitted infections such as HIV/AIDS; the complainant’s age; the alleged infliction of physical and psychological trauma; the accused’s alleged betrayal of trust as the complainant’s uncle; and the alleged repeated nature of the act.

Prosecution

The prosecution has indicated its intention to apply for Sam to be placed on the National Register for Sex Offenders, in accordance with Section 56 (1) of the Sexual Offences and Domestic Violence Act 15/2018. Sam was arrested on December 28, 2024 following a report made by the complainant’s parent. The complainant resided in the same homestead as the accused. In documents submitted to oppose Sam’s bail application, Detective Walter Nxumalo, based at Shewula Police Post in the Lubombo Region, stated that his investigation revealed that the applicant would allegedly take the child to another house within the homestead to commit the offence.

“My investigations indicate that the applicant is a member of a religious cult that claims its faith promotes sexual intercourse with family members, hence he allegedly raped the minor.  I arrested the applicant after obtaining statements directly linking him to the crime. I then formally charged him with rape,” the detective stated. “During my investigations, I discovered the applicant is a member of a religious cult that, he claims, instructs him to have sexual intercourse with family members. 

Evidence in my possession indicates that he sexually violated the complainant under the belief that it is religiously proper to have sexual intercourse with any member of his family.”
Grounds for opposing bail, according to Detective Nxumalo, included the likelihood of Sam attempting to evade trial. He noted that Sam had failed to present any defence in his bail application, suggesting that the strength of the evidence against him might induce him to flee. “I further submit that there is a likelihood that, upon conviction, a custodial sentence may be imposed. 

During my investigations, I found that the applicant has a wife and children residing at Mgobodzi, Mpumalanga Province, South Africa, therefore, the applicant lacks emotional, family and community ties within the jurisdiction of this honourable court. The gravity of the offence and the potential penalty, if proven at trial, could induce the applicant to abscond,” the detective submitted. Detective Nxumalo also informed the court that releasing Sam on bail would not be in the interest of justice, as it would cause shock and outrage in the community.

Bail

“I humbly submit that the applicant’s release on bail will undermine public confidence in the criminal justice system. There is a likelihood that, if released, the accused may attempt to influence or intimidate witnesses, or to conceal or destroy evidence. My investigation revealed that the applicant has significant influence over the Crown’s witnesses, as he is the complainant’s biological uncle and they live in close proximity.  Furthermore, key witnesses are also family members and he may be familiar with their potential testimony,” the investigator stated.

He further argued that Sam’s proposed relocation is not far from the complainant and witnesses, making access possible. He added that policing any condition preventing communication between the accused and witnesses would be extremely difficult, if not impossible, citing modern communication methods, such as cyberbullying, that could be used for intimidation.
Sam remains in custody pending confirmation of his proposed residence by the head of that household. Judge Justice Mavuso removed the matter from the court roll yesterday. The accused appeared in person, while the Crown was represented by Crown Counsel Senelile Khumalo.

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