Online Reporter
Peter Matika, Senior Court Reporter
A cross-border transport operator, commonly known as umalayitsha, has been acquitted of rape charges after a Bulawayo magistrate found the allegations were fabricated.
The case, which drew widespread attention, involved a prominent businesswoman who was later arrested for allegedly trying to interfere with the legal process.
The man, whose identity is protected for legal reasons, was arrested five months ago following allegations of sexual assault by an underage relative.
His mother, who was also accused of orchestrating the abuse, was acquitted alongside him. The pair were exonerated by Bulawayo regional magistrate Mark Dzira on Monday.
In his judgment, Mr Dzira stated that the complainant was not a credible witness, as her statements were filled with inconsistencies.
He highlighted that her initial report to the police differed significantly from her testimony in court.
The complainant claimed she was raped four times in her police statement but later said it was 10 times in court.
Mr Dzira also noted the 10-day delay in reporting the alleged assault to the police. The complainant had run away from the accused’s home and stayed with Mrs Mazibuko at a “purported safe house.”
Neither Mrs Mazibuko nor anyone from the safe house testified to explain the delay or what happened during that time.
The magistrate also found that the accused’s passport records confirmed he was not in Zimbabwe when the alleged rapes occurred, dismissing the matter with the statement, “It is clear that the allegations were fabricated.”
The case also saw businesswoman Sipho Mazibuko arrested for allegedly attempting to stage an unsanctioned demonstration outside the magistrate’s court, claiming the case was being treated unfairly.
She and several accomplices are awaiting trial on these charges.
The entire affair began in April when Mrs Mazibuko announced she had “rescued” a 16-year-old girl who was allegedly being sexually assaulted by her uncle.
According to initial reports, Mrs Mazibuko and the girl claimed the victim had been raped on 10 separate occasions.
Mrs Mazibuko recounted how she had “formulated a plan” to ensure the allegations were taken seriously.
She described collaborating with police and using her network to gather evidence.
Posing as a client, she lured the transport operator from South Africa under the guise of hiring him to move antique furniture.
During their communication, she cultivated a romantic relationship with him, exchanging explicit messages to make his arrest easier.
She also promised him a life of luxury and international travel, encouraging him to abandon his cross-border business to become her partner.
