MANZINI – Two men convicted of raping a 79-year-old woman at Mafutseni have been sentenced to 13 and 15 years imprisonment.
Bhekumuzi Mabuza, 42, of Mafutseni, was sentenced to 13 years in jail without an option of a fine, while Nelson Maseko, 40, of Gilgal, was handed a 15-year custodial sentence, also without an option of a fine.
The matter was heard by Principal Magistrate Florence Msibi at the Manzini Magistrates Court on Thursday. The sentences were handed down after the court considered the circumstances of the offence, the evidence presented during the proceedings and the personal circumstances of each of the accused. Mabuza received the lesser sentence after the court took into consideration that he had shown remorse, admitted the offence and pleaded guilty. His guilty plea meant the matter did not have to go through a lengthy trial in respect of his plea.
In mitigation, Mabuza told the court that he has one child and is unemployed. He said he survived through piece jobs, highlighting his difficult financial circumstances.
The court, however, found that the seriousness of the offence warranted a custodial sentence and did not give him the option of paying a fine.
Maseko was sentenced to 15 years imprisonment, two years more than Mabuza. The court found that Maseko had wasted the court’s time by maintaining a plea of not guilty despite knowing that he had committed the offence. His conduct was considered when the court determined the appropriate sentence. In mitigation, Maseko told the court that he has five children, with two of them attending high school. He told the court that he had left the children in the care of their grandmother, who is also his mother, but said she was sickly.
Maseko expressed concern about who would look after his children while he was serving his sentence.
Despite his plea in mitigation, the court sentenced him to 15 years imprisonment without an option of a fine. The two men were convicted of contravening Section 3(1), 3(2), 3(6)(c), as read with Section 3(9)(c), of the Sexual Offences and Domestic Violence Act, 2018.
The offence occurred on or about Sunday, September 21, 2025, at or near Maphophoma in the Manzini District.
According to the charge, Mabuza and Maseko acted jointly and in furtherance of a common purpose when they had sexual intercourse with the 79-year-old woman without her consent. The charge sheet stated that the woman was legally incapable of consenting at the time of the offence.
The State further alleged that the survivor was drunk when the offence was committed.
The offence was also accompanied by aggravating factors as envisaged under Section 185(bis) of the Criminal Procedure and Evidence Act, 1938, as amended.
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