Online Reporter
Sukulwenkosi Dube-Matutu [email protected]
A 43-YEAR-OLD Gwanda woman has been jailed 17 years for sexually abusing her tenant’s five-year-old son.
Sibonokuhle Nkala from Vumbachikwe area pleaded not guilty to aggravated indecent assault when she appeared before Gwanda regional magistrate, Mrs Sithembiso Ndebele, who convicted her due to overwhelming evidence.
She was sentenced to an effective 17-year jail term.
Prosecuting, Ms Zanele Sithole said the accused person sexually abused the minor during the month of November last year.
The court heard that Nkala would insert the boy’s manhood into her private parts without being seen by anyone.
“On an unknown date but during the month of November 2025 the accused person inserted the complainant’s manhood into her private parts without being seen by anyone,” Ms Sithole said.
“The matter came to light when the complainant undressed his brother, a male infant aged seven years and inserted his manhood into his brother’s anus.
“The complainant’s brother informed their mother who then questioned the complainant why and where he was taught such acts. The complainant did not disclose anything and his mother reprimanded him. On the following day a neighbour asked the complainant why his mother had reprimanded him. He disclosed what he had done,” she said.
Ms Sithole said the neighbour further questioned the complainant who revealed what the accused had done to him.
The matter was reported to the police leading to the arrest of the accused person.
In her defence, Nkala denied the allegations saying the complainant’s mother and other tenants were being malicious towards her because she increased rentals and was bent on fixing her by falsely accusing her.
She said there was no time when she was alone with the complainant as the house is always full of people. Nkala also said the tenant who claimed that the complainant had reported the matter to her was just bitter as she had been given an eviction notice but did not want to leave the house.
In her judgement, the magistrate said the complainant had remained consistent with his statement even under cross examination.
She said there is nothing to suggest that the complainant could have been influenced by anyone to lie against the accused. Ms Ndebele said the complainant in his narration stated that the accused is the one who taught him sexual activities.
“It will, therefore, be unfounded to conclude that the complainant imagined this sexual act at the age of four years. His account is stemming from reality and what he experienced at the hands of the accused,” she said.
“He was then seen doing it on his brother, which then led to the matter coming to light. The complainant is a four-year-old child and to say he was influenced to implicate the accused will be stretching the facts too far.
“The complainant’s mother had left the issue at reprimanding the children and beating up the complainant after the brother had reported the incident to her. In her mind she took it to be some mischief by the children. It can, therefore, not be said that she harboured any hatred towards the accused.
“The accused was not a good witness for herself. All the bad blood she alluded to between herself and the state witnesses have no bearing at all on how the report came out,” she said.
Mrs Ndebele said the court has no reason to doubt the complainant as he was a credible witness who maintained his explanation even during cross – examination. She said in cases of this nature, the credibility of the complainant is always at fore. Ms Ndebele said when the court believes the complainant it should convict.
“The accused person’s defence has been juxtaposed to the totality of the evidence led and found not to be possibly true. The report by the complainant does meet the admissibility requirements expected on cases of this nature.
“The state did prove its case beyond reasonable doubt and the accused person is found guilty as charged,” she said.
Ms Ndebele said in passing her sentence she had taken into consideration the gravity of the matter. She said the accused person was a danger to society and, therefore, a deterrent sentence was necessary.
-@DubeMatutu
