By Bahle Gama
A 19-year-old rape suspect has been granted bail at E50,000 by the High Court, with an order to pay E6,000 cash and E47,000 as surety.
The teenager who is doing Form 4 in one of the schools in the country was arrested on October 20, 2024 by members the Royal Eswatini Police Service (REPS) at Malindza and was charged with contravening Section
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3 (1), (2), (3) as read with Section 3 (9) (a) of the Sexual Offences and Domestic Violence Act (SODV) 15 of 2018 for allegedly raping a nine-year-old girl.
According to his charge sheet, the incident occurred on October 18, 2024, at Malahleni area and the charge was accompanied by aggravating factors as envisaged by Section 185bis of the Criminal Procedure and Evidence Act 67 of 1968, in that the victim is a minor and there was no use of a condom.
The teenager moved his bail application before the High Court on Monday, November 4, 2024, wherein he told the court that his continued incarceration would jeopardise his well-being and education as he had been advised that his final examination would commence on the same day.
He further told the court that he is entitled to be admitted to bail in terms of Section 16 (7) of the Constitution of the Kingdom of Eswatini 2005 and sought to enforce that right.
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“The balance of convenience favours that I am admitted to bail as the Crown’s interest is that I avail myself for the criminal trial and the conditions of bail will ensure I am.
The crown stands to suffer no prejudice on my release pending trial, and my guilt or otherwise is yet to be determined,” submitted the suspect.
He further told the court that upon being granted bail he would not attempt to evade trial and further comply with the bail conditions attached by the court.
