By Delisa Thwala
The Mbabane Magistrate Court learnt with horror that a 52-year-old Vietnamese businesswoman was arrested for allegedly molesting her 6-year-old son.
*Rachel of Queen’s Gate, in Mbabane, is alleged to have fondled the minor’s private parts.
The nasty ordeal is said to have occurred in May 2023, and the veracity of the allegations are yet to be tested in court.
Rachel is currently staying with the alleged survivor. She was formally charged with contravening the Sexual Offences and Domestic Violence (SODV) Act No.15 of 2018.
She is alleged to have contravened Section 36 (1)(a) of the SODV Act by molesting her biological son and exposing the child to physical harm.
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Before the accused entered the court, she was accompanied by two women who had come to give her moral support. The accused then cried inordinately when another woman hugged her.
When appearing before Magistrate Innocent Motsa on Wednesday, her right to legal representation was explained to her by the Crown, and she elected to hire the services of an attorney.
The accused’s counsel, identified as Masilela, informed the court that her client would plead not guilty to the charge when the trial commences.
Masilela further told the court that her client had been in the country for over 20 years and in that regard, she was not a flight risk.
“The accused has businesses in the country. We, therefore, humbly apply that she be admitted to bail fixed at E1 000, taking into consideration that she is the one taking care of the said minor,” Masilela said.
The counsel further told the court that the accused would not interfere with the State witnesses, in the event she is admitted to bail.
The accused is said to have been in custody since last Friday. As a result of the arrest, the minor is said to have missed school for two days.
“The child’s right to education and his well-being is being interfered with. The accused also has no criminal record. May the court then grant the mother of the child bail,” said the counsel.
The Crown did not object to Masilela’s plea. The accused was later granted bail fixed at E1 500, with conditions. The conditions include that she should not interfere with the witnesses, not commit a similar offense, and stay with her friend, while the matter is still pending in court.
She was further informed to submit her travel document to the police, while still waiting for the finalisation of the matter. Worth noting is that the accused was first presented before Magistrate Chazile Thwala.
During her appearance, the accused’s attorney told the court that her client suffered a minor stroke while in custody.
She was taken back to custody before getting the opportunity to move a bail application. She was then remanded until August 8, 2024, for trial. Real names were changed to protect the minor.
Meanwhile, a 27-year-old man was arrested and charged with housebreaking and theft. The accused, Mbuso David Motsa, appeared at the Mbabane Magistrates Court on Wednesday.
On November 13, 2023, Motsa allegedly broke into Nonhlanhla Nhlengethwa’s house and stole several gadgets valued at E24 250.
A witness, Nathi Ncongwane, said the accused approached him in his office looking for a potential buyer for a television set.
Mbuso decided to leave the television in my office so that potential customers could see it.
He sold the television for E2 500 and sent Mbuso E1700 using his Mobile Money account and he came to the office to collect the rest of the money. Magistrate Xolile Nxumalo postponed the trial to Tuesday, June 18, 2024.
Leon Sibandze was remanded out of custody for a murder he committed in 2022. The accused person is charged with the offense of murder. That on November 27, 2022, at or near Ezulwini,
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Buka area in the district of Hhohho the said accused person did wrongfully, unlawfully, and intentionally stabbed one Hamza Muhammed with an okapi knife once on the neck with intent to murder him and thus did commit the said offense.
The crown presented that the accused was engaged, and he got into court late, he was engaged at Simunye where he is working and his employer released him.
He attempted to attend court for his remand but found a warrant of arrest and apprehension was issued.
The accused is remanded out of custody until May 29, 2024, pending committal at the High Court. Bail is extended to 29/09/2024 All bail conditions are still applicable.
Khaya Vilakati 52 years of Msunduza and Nkosinathi Mkhwanazi of Bulandzeni area were fined E 2000 or two years of imprisonment.
The said accused persons were charged with the offence of theft by pretences. On March 7, 2024, at Mbabane town Four Ways building Wear Well shop in the Hhohho Region,
the said accused person unlawfully and intentionally made a false representation to one Yahah Patel.
They lied that they would help him in re-opening his shop after it had been closed by the Eswatini Revenue Authority whereas they knew that they were not working at Eswatini Revenue Authority Offices and did.
thereby means of the said misrepresentation obtain from him money amounting to E20, 000.00, the property of or in the lawful possession of the said Patel and thus commit the said offence.
