By Delisa Thwala
A man, David Ceko, aged 70 years has been sentenced to 15 years without an option of a fine after being found guilty of raping a 16-year-old minor.
Ceko was charged with the offence of Contravening Section 3 (1) as read with sections 3 (2) and 3 (3) (c) of The Sexual Offences And Domestic Violence Act 15/2018.
The accused Ceko was said to have unlawfully had a sexual act in 2018 with one *Lindo Dlamini, a Liswati female minor aged 16.
In Eswatini, 16-year-old is considered incapable of appreciating the nature of the sexual act upon them.
Take further notice that this offence is accompanied by aggravating factors as envisaged by section 185 of the Criminal Procedure and Evidence Act 67/1938.
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In that, the sexual acts upon the victim were occasioned over a long period, the accused person did not use a condom, thus exposing the victim to the risk of contracting sexually transmitted infections including HIV/AIDS.
Lindo was a minor who in law was incapable of appreciating the nature of sexual acts upon her.
When mitigating his case, Ceko’s lawyer Bandzile Hlophe asked for a lesser lenient sentence because Ceko is over 60.
The Principal Magistrate dismissed this and said Ceko was old enough to know not to do this, and he lied and promised marriage to the minor knowing very well it would never happen.
Meanwhile, a man appeared on Friday at the Magistrate Court for head-butting another man, Banele Dlamini of Motsane.
The court fined and charged the man E1500 for inflicting severe injuries on the mouth.
This happened on October 26, 2023, in Motshane, in the same court, where a mother was jailed for 30 years for killing her 2 children.
The piece of evidence gave the court the impression that the offences were premeditated. In his judgement, Judge Magagula considered that killing another person was proscribed by Section 15 (1) of the constitution.
The judge also considered the fact that Malinga had nothing against her children, as she alleged that she had a misunderstanding with their father.
The court ordered Malinga to undergo physiological evaluation and counselling to address the underlying issues contributing to the abhorrent act.
“May this judgement serve as a solemn reminder of the consequences of such deprived actions and a measure of justice for the victims, Sinenkhosi Mabuza and Doctor Mabuza, whose lives were unjustly cut short,” concluded the judge.
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Further, the court dismissed claims by Philile Simelane concerning the death of her husband, Mlisa Jacob Magongo.
Philile had claimed that her husband died at the hands of Christian Tfwala, who was made an accomplice witness in the matter.
Simelane claimed that Tfwala hit her husband with a hammer on the forehead when trying to rescue her when attacked by the deceased.
However, Tfwala distanced himself from the scene of the crime and told the court that he only assisted after Magongo had already been killed.
