By Bahle Gama
The High Court has denied bail to a man who allegedly raped his 13-year-old biological daughter and further forced her to abort a pregnancy he was responsible for.
Mndeni Joseph Dlamini was on October 25, 2023, arrested by police officers from Siphofaneni and charged with contravening Section 3 (3) of the Sexual Offences and Domestic Violence (SODV) Act 15 of 2018 for allegedly raping his 13-year-old daughter.
He was further charged for allegedly giving the minor abortion tablets, which she administered, and the abortion occurred.
In his bail application, Dlamini told the court that he is a sickly person who is unfit to be in prison, which he describes to have inhumane conditions, because his health condition worsened since March 2023, and in June 2024, the situation persisted.
He insisted that the Correctional Services have him receive medical attention, however, he is not responding because of the inhumane prison conditions.
Dlamini said he relies on external medication including supplements obtained from private pharmacies, however, his family cannot afford it because they are costly, adding that in 2002 he had an eye operation at Good Shephered Hospital, and his eyesight is fading, courtesy of the poor prison diet.
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He further told the court that his father suffered a stroke and is now crippled, therefore his incarceration deprives him of the care ought to be afforded.
The suspect further undertook to relocate to Matsapha, adding that the victim now resides at Nhlangano with his aunt, adding that his wife was forced to leave their home after his arrest due to circumstances beyond his control.
The crown opposed the on grounds that Dlamini faces serious charges that may result in a long term of imprisonment should he be convicted. Such a factor alone may induce him to abscond trial.
Further, his daughter who was 13 years old at the time and pregnant was forced by him as a biological parent to commit abortion.
The Crown submitted that it would be in the best interest of justice that the Dlamini remain in custody pending his trial because even though the complainant now stays with his aunt it would still be possible for him to get to her and possibly harm her.
It argued that the police cannot prevent the suspect from interfering with the victim if he wishes to do so.
The bail application was also opposed on grounds that the preliminary point that Dlamini has not adduced evidence of exceptional circumstances which in the interest of justice permit his release on bail.
In this respect, he made extensive submissions on his health problems, including producing medical reports mero motu in a bid to establish exceptional circumstances.
In this regard, the Crown told the court that the department of His Majesty’s Correctional Services has adequate health facilities to cater to the suspect’s needs and that where necessary for external referral, he is always taken to the big hospitals in the country.
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In handing down the judgement, the court stated that having carefully considered the arguments by both parties, what stood out the most is that the complainant is a biological daughter to the suspect and resides with his aunt.
They are all relatives; therefore, it makes it impossible not to conclude that Dlamini may interfere with the complainant if he wants to, and nothing can prevent him.
“The suspect faces serious criminal charges whereupon if convicted he may be sentenced to a long term of imprisonment.
Authority is a legend that the perception of long-term imprisonment is a factor that may induce the Applicant to abscond his trial, and thereby defeat or prejudice the interests of justice,” said the court.
The bail application was dismissed and Dlamini is to remain in custody pending his trial.