The National Prosecuting Authority (NPA) has welcomed the sentence of three life terms handed down by the Elukwatini Magistrates’ Court to a 24-year-old Swati national for the repeated rape of his 15-year-old cousin.
The accused cannot be names to protect the identity of the victim since she was is a minor.
This conviction marks a significant victory for justice in a case highlighting the vulnerability of children to abuse, even within their own families.
The crime and disclosure
The heinous crimes took place at Nhlazatshe No. 6 between November 2022 and March 2023.
According to NPA spokesperson Monica Nyuswa, the accused a resident of the Kingdom of eSwatini was visiting the victim, who lived there with family members.
Exploiting his position and the cover of night, he would wait for others to fall asleep, enter the victim’s bedroom, and rape her, repeatedly instructing her to remain silent.
“The victim’s ordeal finally came to light through a crucial awareness campaign at her school, led by the Department of Justice and Constitutional Development and social workers. Showing immense bravery, the young girl disclosed the abuse, which prompted her mother’s immediate involvement and led to a police investigation and the subsequent arrest of the accused,” she said.
Compelling evidence secures conviction
In court, the accused attempted to evade responsibility by denying the allegations, fabricating a defence based on “consent” and claiming a “love relationship” with the minor victim a claim the court ultimately rejected.
“State Prosecutor Mxolisi Biyela successfully dismantled this defence by presenting powerful, corroborating evidence. This included testimony from the complainant, her mother, a social worker, and critically, a medical doctor whose examination findings supported the victim’s account of sexual assault,” Nyuswa explained.
She added that a Victim Impact Statement, facilitated by Court Preparation Officer Nondumiso Thwala, was presented, detailing the profound psychological trauma the victim endured.
Biyela powerfully argued that the accused had severely exploited his position as an uncle and urged the court to hand down a sentence that truly reflected the gravity and severity of the offence.
Sentencing and message from the bench
Magistrate Ricardo Cloete delivered a stern judgment, noting the alarmingly high rate of sexual violence against women and children in the country.
The court found no compelling reasons to deviate from the prescribed minimum sentence, resulting in the imposition of three life terms for the convicted rapist.
In addition to the custodial sentence, the court took further measures to protect the public, ordering that the accused’s name be entered into the National Register for Sex Offenders.
He was also declared unfit to possess a firearm and permanently unsuitable to work with children.
The NPA concluded its statement by reaffirming its commitment to the aggressive prosecution of sexual violence cases, vowing to consistently uphold victims’ constitutional rights to dignity and privacy throughout the justice process.
