Mbabane – A 21 year old man from Siphocosini, Siphamandla Mkhabela, has been brought before the courts on allegations of committing a serious sexual offence against a seven-year-old girl, when the accused allegedly had unlawful sexual intercourse with the minor.
He has been charged under Section 3(1), 3(2), 3(3)(a) and 3(4)(a) as read with Section 3(9)(a) of the Sexual Offences and Domestic Violence Act of 2018. According to the charge sheet, the nature of the offence falls under aggravated circumstances because of the victim’s age and the manner in which the crime was committed.
The court documents further reveal that the accused did not use protection during the act, thereby exposing the child to the risk of sexually transmitted infections, including HIV/AIDS. The fact that the victim is below the age of 18 years makes her legally incapable of appreciating the nature of such acts, thus intensifying the seriousness of the crime
The accused first appeared before court on 30 August 2024, where his rights to legal representation were explained, though he elected to conduct his own defence. He was remanded in custody while the matter was postponed to 23 August 2024. Subsequent hearings extended the remand period, with the matter later being pushed to 13 September 2024 and further to 4 October 2024. The court advised him that any application for bail would have to be made through the High Court.
In her remarks, the presiding magistrate expressed strong condemnation of the offence, stressing that sexual crimes against children are among the most serious and must not be tolerated. She said society has an expectation that courts should deliver stern sentences in such cases to ensure that justice is done and that potential offenders understand that this kind of conduct will not go unpunished.
“Acts of unlawful sexual intercourse against children should not be tolerated by the courts and society. There is an expectation that morally reprehensible criminal activities should not be left unpunished. Society expects that serious offences warrant serious sentences to send a clear message to prospective perpetrators that such crimes will not be tolerated,” the magistrate stated in her ruling notes.
The court added that while the accused is a young first offender, the gravity of the offence far outweighs considerations of rehabilitation. It was pointed out that the interests of society, particularly the safety of children, would best be served by imposing a custodial sentence. The magistrate emphasised that unlawful sexual acts against minors have the potential to cause life-long damage, not only to the victims but also to the fabric of society.
Mkhabela was sentenced to seven years imprisonment without the option of a fine, the Magistrate Fikile Nhlabatsi said this sentenced is served to remind others who might think of committing such offence.
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