By Sandile Nkambule | 2022-11-21
High court -A 38-year-old man has been arrested for kidnapping and raping the mother of his children aged 21.
The man has been charged with contravening the Sexual offences and Domestic Violence (SODV) Act 15 of 2018.
According to the charge sheet the accused faces three counts. On the first count he was charged with contravening section 3 (1) as read with 3 (3) (a) together with 3 (4) (b) of the SODV Act in that upon November 8, he unlawfully engaged in a sexual act with the complainant aged 21.
On the second count, the accused is charged with kidnapping in that upon or about November 8 at or near Jubukweni area in the Hhohho region, he unlawfully and with intent to deprive the complainant of her movement and freedom as he kept her against her will.
Meanwhile on the third count the accused is charged with malicious injury to property in that on the same date he wrongfully, unlawfully and intentionally damaged house windows valued at E2 243.78 with a knobkerrie in an intent to injure Mbuso Mnisi of his lawful property.
Yesterday, Mbhamali through his lawyer Linda Dlamini of Linda Dlamini and Associates law firm, approached the High Court seeking freedom as he filed an urgent application for bail before Judge Doris Tshabalala.
In his quest to gain freedom, Mbhamali informed the court in his affidavit that the complainant is the mother of his three children whom he has been in a love relationship with for over seven years and that the relationship still subsists.
He contended that family feuds were the cause of his arrest and this was fortified by the fact that his arrest was allegedly orchestrated by the father and mother of his children (his girlfriend).
He submitted that the spurious nature of the charges shall be uncovered at the hearing of his trial as he will enter a plea of not guilty, adding that for the first time in a rape case, the court will learn that the complainant in his case in a man.
He said the parents of the mother of his children hated him with a passion to the extent that they had allegedly arranged another boyfriend for her whom he had learnt is a soldier under the belief that the soldier is wealthier than him.
“Given the above hostilities between myself and my girlfriend’s parents, it got worse on November 8, 2022 when my girlfriend visited me at my place of abode which got her parents furious. I hasten to assert that my girlfriend recounted the unconstitutional, outdated and archaic marriage arrangements that her parents are persuading her to enter into against her will,” he contended.
He informed the court that the parents to his girlfriend orchestrated his arrest as he was eventually called to the Mbabane Police Station where he was formally charged with the offences as reflected in the charge sheet annexed to his urgent bail application.
He further informed the court that the complainant was not raped but it was logical to surmise that she was forced to fabricate a charge of rape against him given that her parents were upset that he and the mother of his children were still together.
“I must put this court into confidence that we did have sexual intercourse with the mother of my children and it was consensual.
“There was no kidnapping as I fetched her voluntarily in the company of a taxi driver, one Dlamini and she was the one who called me earlier requesting to visit my place,” he averred. He denied the offence of malicious damage to property as alleged in the charge sheet.
The office of the Directorate of Public Prosecutions (DPP) was not opposed to his urgent application for freedom and the court granted him bail fixed at E15 000. he was ordered to pay of E3 000 in cash and provide E12 000 in a form of sureties.
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