Man accused of rape of kids while wife at Buganu
MBABANE – A 52-year-old man has been accused of raping his stepdaughter and step-granddaughter, while his wife was attending the Marula Festival.
In the first count, *John is accused of raping his four-year-old step-granddaughter, exposing her to sexually transmitted infections such as HIV/ AIDS.
In the second count, John is alleged to have sexually molested his stepdaughter, aged nine.
John, who had been in custody since last year, has since approached the High Court, where he registered his desire to be released on bail. In his founding affidavit, John denied having committed the offences.
He was represented by Mabila Attorneys, in association with legal eagles N. Ndlangamandla and S.Jele in the matter.
Permission
He submitted that the accusations came after his wife had attended the second leg of the Marula Festival at Hlane Royal Residence, without his permission.
He mentioned that he told his wife to take the children to her parental homestead, should she decide to attend the event.
However, to his surprise, John averred that upon his return from work, he found the children alone. He submitted that the children told him that their mother had left for Hlane
Royal Residence.
“Her 18-year-old daughter told me that their mother instructed them not to go anywhere when she left for Hlane. She said their mother had told them not to do anything related to the house,” John submitted in his papers.
He further said in that evening, he attended his neighbour’s event and returned at around midnight. John did not hide that he enjoyed alcohol until midnight at his neighbour’s home.
Mattress
He claimed that upon his return from the event, he found his step-granddaughter sleeping on the floor, while the others slept on a mattress.
“I woke up my 18-year-old step-daughter and told her to take care of the child and have her sleep where they were sleeping. I proceeded to my bedroom as I had to go to work the following day,” he said.
He stated that he instructed the children to do the house chores but they refused, stating that their mother had specifically told them not to do anything related to the house. It was John’s claim that he instructed his child to do the house chores before he left for work.
John told the court that upon his return from work, his children informed him that the 18-year-old stepdaughter had told her mother he did something to his step-granddaughter when he returned to the house at night.
“I was then called by the Manzini police and knew that it was my wife and my stepdaughter who had reported me to them as I was thereafter arrested,” he said. He said it would not be in the interest of justice to be refused bail because there was no likelihood that he might endanger the safety of the public or any particular person if released on bail. He stated that there was no likelihood that he might commit a similar offence listed in Part II of the First Schedule.
John submitted that he was liSwati, born and rooted in Eswatini and that he had no ties with any other country. He stated that there was, therefore, no way he could evade trial.
He stated that there was no likelihood that he would intimidate or influence any of the Crown witnesses if released on bail.
“I submit that the matter is urgent, not only because matters pertaining to personal liberty are by their very nature and constitutionally urgent, but also because my employment at Brickon, Matsapha is in limbo,” he said.
He stated that he had five children, the youngest aged 12 and the oldest aged 18. John told the court that all his children were dependent on him. He stated that his continued incarceration had seen his children dropping out of school because there was no one to provide for them.
Defence
He stated that he would plead not guilty to the charge because he had a good defence. Judge Ticheme Dlamini granted John bail fixed at E50 000. Dlamini ordered John to pay a sum of E5 000 and provide E45 000 in sureties.
John was ordered to surrender his passport to the investigating officer at the Manzini Police Station.
He was also ordered to report to the Manzini Police Station every Friday of month end between 8am and 4pm. He was also ordered to provide the investigating officer with his residential address.
*Not real name to protect minorsd from stigma.