Mbabane – After spending two years behind bars awaiting trial, Nkosinathi Lawrence Tsela (35) of Mahwalala has been acquitted and discharged of a sexual offense charge by the Mbabane Magistrate Court.
The court delivered a not guilty verdict, ruling that the State had failed to prove beyond a reasonable doubt that the complainant, 40-year-old Fanisile Hlophe, had not consented to the alleged sexual encounter.
Tsela had been charged with contravening Section 3(1) as read with Sections 3(2) and 3(3)(f) of the Sexual Offences and Domestic Violence Act, 2018, which included the aggravating factor of not using a condom. The alleged incident reportedly occurred on October 1, 2023, near St. Marks area in the Hhohho region.
The court found that the Crown’s evidence largely circumstantial did not eliminate reasonable doubt. The magistrate applied the principles set out in R v Blom (1939 AD 188) and S v Reddy and Others (1996), stressing that circumstantial evidence must exclude every inference except guilt.
Testimony revealed that the accused and complainant had an existing, though complicated, arrangement involving lifts to work and financial exchanges. The court observed that the complainant delayed reporting the matter for two days, first telling a senior supervisor at her workplace rather than the police.
It also noted that evidence suggested the complaint was linked to a disagreement over money, including an alleged offer of E300 by the accused, which the complainant refused. A colleague testified that the complainant did not appear distressed immediately after the alleged act, while medical evidence showed no physical injuries to support the use of force.
The magistrate found that the complainant’s credibility was weakened by contradictions in her account, her delayed report, and her conduct after the alleged act.
Legal Precedents and Final Ruling Citing S v Van der Meyden (1999) and S v Skaffell (2001), the court reiterated that an accused must be acquitted if their version is reasonably possibly true, even if the court doubts their account.
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