By Delisa Thwala
A soldier identified as Patrick Mfungelwa Magonso Masilela (37) of Dlangeni employed by the Umbutfo Eswatini Defence Force (UEDF) has been accused of having offered the family of a boy he allegedly raped 10 cows and money as apology.
Masilela is alleged to have raped a minor, without the use of protection, exposing the minor to sexually transmitted infections (STIs).
The rape ordeal is said to have occurred on January 9, 2024 during the Incwala ceremony activities.
Details of the circumstances of the rape ordeal emerged during trial yesterday where Principal Magistrate Fikile Nhlabatsi heard the evidence by a witness who is a mother to the survivor Mthobisi.
Masilela was formally charged under the Sexual Offences and Domestic Violence (SODV) Act No.15 of 2018.
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Where he was alleged to have contravened Section 3(1), 3(2), 3(3) (c) as read with Section 3(9) (b) of the SODV Act, by having sexual intercourse with a 13-year-old minor.
It should be noted that the accused Masilela is brother-in-law to the survivor’s mother as he impregnated her sister. Therefore, they are in laws.
According to the mother she found out about the ordeal through a phone call between him and his son who had attended 2023 Incwala ceremony.
“I received a phone call from Mthobisi, and he said his uncle took private part and inserted it on his buttocks. He continued to cry, and I promise I will tell his other uncle to find him,” said Sonto.
She went on to narrate that, the accused, Magonso had offered to look after the boy esihocweni during his kubutseka days. They were allegedly sharing a room on the day the ordeal happened.
Upon hearing the sordid confession from his son, Sonto informed his husband, he later informed the accused of the incident and he promised to investigate it and bring feedback.
During that, the mother went to the Lobamba police station where police took her statement, she then proceeded to take her son to the hospital who had developed open sores and wounds around his private parts and on his private part.
“While all this was happening, my brother-in-law called me and kept insisting on wanting to see me, so we talk.
He said we cannot talk about this over the phone but should meet he even promised to give me petrol money,” testified the mother.
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Unfortunately, they could not see each other on that day, as days went by Masilela started communicating with the mother via WhatsApp.
Masilela was said to have complained of guilt over what he did and that for weeks he had recurring headaches.
“The police when I told them the advances made by my brother-in-law to see me, they advised me against and said we should wait for the police to handle the matter,” said the mother.
The following day Masilela is said to have then sent his older brother to talk to the mother on his behalf. The brother said they were in dire need to see the boy’s family, so they offered 10 cows and money.
“Batsi bafuna kukhuta umhlolo, at whatever price and any number of cows, I then told the family I was to consult with my husband and get back to them.
They kept insisting saying they did not want Masilela to lose his job due to the rape ordeal he did,” said the mother when testifying.
The family then went to report the matter to Majahenkhaba and he told them to wait for the law to take its course and they shall proceed from there.
Meanwhile the 13-year-old Mthobisi developed sores again and lymph nodes. These were discovered at Ngabezweni on January 13, 2024.
He was taken to the hospital and given medication and it could not be ascertained if it were sexually transmitted diseases from the alleged rape or his own sickness.
This the mother said she waited for official hospital reports to clarify, despite her being a professional nurse. Mthobisi has since then gone on two counselling sessions and is yet to go to the third one.
The accused’s lawyer took to the stand and had time to question the mother, he put it to her that Masilela did not rape the boy hence the charge sheet was changed from rape to sexual assault.
He also put it to the mother that, the persistent phone calls and WhatsApp messages asking to see her were to make sure she is okay and to tell the young boy to stop spreading malicious rumors.
“There is no relation between the sores your son has and the alleged inserting of the private part of my client into your sons’ buttocks.
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My client did not commit the offence. He wanted to meet because as a family member he too was concerned,” said the lawyer.
To this the mother responded and said only his son, brother-in-law and God know the truth on what happened on that fateful day.
Media and members of the public were removed from court when the survivor, appeared to testify. The case continues today.
