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MBABANE – A traditional healer who allegedly raped his 20-yearold patient has been granted bail by the High Court.

Judge Thami Lawrence Dlamini granted *Sam (45) bail amounting to E50 000. The court ordered the accused to pay E3 000 in cash and provide the balance in the form of surety.

The traditional healer is alleged to have raped the patient, *Thandi, when she expected him to treat her.

Sam allegedly raped the woman on several occasions.

In all the instances, the accused purportedly raped the complainant at his place of abode at Bhejisa area, under Chief Bhejisa.

Sam, who stated that he assisted members of the community with traditional medicine, is accused of contravening the Sexual Offences and Domestic Violence (SODV) Act of 15/2018.

According to the charge sheet, Sam allegedly raped Thandi during the months of February, March and April 2022 when she sought treatment for her ailment.

Aggravating

The Crown informed the court that the charge was accompanied by aggravating factors as envisaged by Section 185 of the Criminal Procedure and Evidence Act 67 of 2018, as the accused was a brother to the complainant and that he allegedly exposed her to sexually transmitted illnesses (STIs).

Section 185 bis (1) of the Criminal Procedure and Evidence Act 67/1938 stipulates that: “A person convicted of rape shall, if the court finds aggravating circumstances to have been present, be liable to a minimum sentence of nine years without the option of a fine and not sentence or part thereof shall be suspended.”

Sam filed an urgent bail application where he argued that he was innocent of the charge and would plead not guilty during his trial.

“I never had a sexual encounter with the complainant. I was only assisting her with traditional medicine since she is a sickly person. Consequently, I submit that the charge against me was trumped up by certain individuals I do not see eye-to-eye with,” submitted the traditional healer.

He submitted that at the time of his arrest, he was self- employed as a traditional healer and his continued incarceration would result in a job loss, as he might lose clients. The accused argued that this would be prejudicial to his wife and children who were solely dependent on him for their maintenance and daily upkeep.

Urgent

“I submit that this matter is urgent, not only because it pertains to my personal liberty, but because I also stand to be exposed to hardened criminal elements in prison and the risk of proselytisation to their ilk,” he argued.

The accused further contended that the balance of convenience favoured that he should be granted bail as there was no prejudice that would be suffered by the Crown. Sam went on to argue that there were sufficient grounds warranting the High Court to release him on bail, upon such terms and conditions as it deemed fit.

At the time of his arrest, Sam said he was a self-employed traditional healer. He told the court that his continued incarceration would cause him to lose his job and clients ‘with the dire consequence of loss of income’.

“I have four children and my wife and they solely depend on me for their maintenance and daily upkeep. I would therefore not be able to provide same due to my continued incarceration,” he said.

He argued that the matter was urgent because it pertained to his personal liberty and that he stood to be exposed to hardened criminal elements in prison.

The accused informed the court that he was entitled to being granted bail in terms of Section 16 (7) of the Constitution.

Sam was represented by Raymond Mwelase of B.S. Dlamini and Associates in Nhlangano.