Guard accused of raping drunk woman remanded

MBABANE – A security guard is alleged to have raped an intoxicated woman who was hosting a house party at her residence in Ngwenya. Mandla Magagula (45) of Ngwenya allegedly committed the offence on September 9, 2023. The security guard has been charged for allegedly contravening the Sexual Offences and Domestic Violence (SODV) Act No.15/2018. The offence is accompanied by aggravating factors in that he allegedly did not use a condom during the commission of the offence and thereby exposed the complainant to sexually transmitted illnesses (STIs).

The accused appeared at the Magistrates Court and he was remanded in custody. Through his Attorney, Sifiso Dhlamini of S.V. Mdladla and Associates, he applied for bail at the High Court.

Magagula informed the court that he attended the house party hosted by the complainant and her siblings. He alleged that during the party, he became involved in a contact relationship with the host. This type of relationship between people is characterised by intimacy and personal familiarity. “I duly aver that during the relationship contact with the aforesaid, and pursuant to having imbibed alcoholic drinks, we had consensual sexual intercourse,” he alleged.

Magagula told the court that the following day, while he was preparing to leave the complainant’s house, he was approached by the complainant’s sister and she accused him of having raped her sister. The accused said he was extremely shocked by the allegations and he vehemently denied them. He said he informed her that he and the complainant had consensual sexual intercourse.

Charged

According to Magagula, pursuant to the allegations by the complainant’s sister, he was arrested three months later. He was charged for allegedly contravening the SODV Act.

The security guard undertook to adhere to the bail conditions. He appeared before Principal Judge Qinisile Mabuza yesterday. The court granted him bail in the sum of E15 000.

He was ordered to pay E3 000 in cash and provide surety for the balance. One of his bail conditions is that he should surrender his passport or other valid international document to the investigating officer. He was warned that pending finalisation of the matter, he should not apply for a new passport or travel document.