Mbabane – The primary school teacher, Samkeliso Dvuba, of one of the prominent schools, who was charged with kissing a pupil, has been convicted.
The prosecution through Bonnie Sangweni on Tuesday, maintaining a strong stance for deterrence against teacher-pupil relationships, had just motivated its case and closed it, as if sealing his fate. Sangweni, with no holds barred, hauled seven witnesses during the trial, who testified that the 13-year-old pupil doing Grade Six was violated, much against the accused maintaining that his actions did not amount to the violation of the codes of the Sexual Offences and Domestic Violence (SODV) Act and that he was not guilty.
Nevertheless, the Mbabane Principal Magistrate Fikile Nhlabatsi handed down her judgment on Dvuba (36), further telling him that his sentencing was scheduled for the fateful day, May 26.
Before she did that, Nhlabatsi had this question directed to Dvuba: “What was on your mind when you committed the offence?”
Dvuba responded, “Like I said, your worship, I did not kiss the girl.”
During the trial, Dvuba said the minor told him that she loved him. This is said to have occurred at the school’s staff room on March 20, 2024. He had maintained that the court must not convict him. He said the minor peeped through a window seeking his attention and told him that he loved him. Dvuba said that his response was that he loved her too. He also said she told him that he belongs to her.
The minor said Dvuba was teaching grades six and seven. The minor stated that before everything unfolded, she was inside the school hall preparing for Meysah when she decided to get water. When she exited, she came across Dvuba.
The minor, it was said, told Dvuba that she loves him and asked him first to go fetch water for her, but Dvuba responded negatively, telling her that he loved her too “but [must] go get the water yourself”. She said he went on and asked her to come by the office after fetching water so that he can kiss her because he told her that he loves her.
But Dvuba’s testimony seemed like ammunition for the prosecution, which said that he was testifying against himself when he himself said he kissed her. The prosecution also said that the minor testified that Dvuba told her not to scream. However, the teacher was reported by the minor to one of the teachers, the prosecution said, and she was accompanied to her mother.
The mother reported the matter to the police, and Dvuba received a phone call from the police. The prosecution said Dvuba also told the mother of the minor that he wanted to apologise when they were standing by the school gate. The judgment stated that after Dvuba met the mother of the pupil, he was told that the matter was out of her hands, as they had already informed the police. Dvuba was asked by the prosecution why he wanted to apologise when he says he did not commit the offence, but he said he was only apologising for making her walk in the rain on a muddy road.
The prosecution also said that a witness testified that she accompanied the minor, but when they came back, Dvuba chased her away, telling her to go look for a bag in another class. Dvuba then instructed the minor not to shout because a ‘Mr Shongwe’ would hear. He then kissed her and gave her corn. Dvuba also told the minor that she was his girlfriend from that day.
The minor reported what had happened to Miss Simelane; however, she did not tell her what happened. She only cried and asked Simelane to take her to her mother. Miss Simelane took her to her house while waiting for her mother, who then fetched her.
On the next day, the accused called the minor at school, gave her chocolates and asked her not to lay charges. The pupil refused to take the chocolates and went to report the matter to Miss Simelane. Before closing its case, the prosecution urged the magistrate to take into consideration several pertinent factors.
Firstly, the prosecution said this was the relationship that the minor had with the teacher. Secondly, that the accused has a duty of care and protection of the minor. Thirdly, that the minor had trust in him, but he violated that. The prosecutor also requested the magistrate to issue a sentence that would be a lesson not only to the accused but to any other teacher with a similar duty.
Dvuba asked for leniency, mentioning that he has two children that depend on him and that both their mothers are not working.
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