Man jailed 40 years for rape

Maxwell Mbiba (38), of Phezulu Farm compound, pleaded not guilty to five counts of rape and one of attempted rape but was convicted by former Bulawayo regional magistrate Mrs Fadzai Mthombeni.

 

Eight years of his sentence were suspended for five years on condition of good behaviour.

In passing sentence, Mrs Mthombeni, who is now based in Harare said the fact that Mbiba sexually abused four children is an indication that he takes pleasure in abusing children.

“Children need to be protected and not abused. The age difference between you and the complainants is so wide that you qualify to be their father.

“You abused the trust that each of the children had in you as they regarded you as a relative. When coming to your place of residence, they were coming for wild fruits (umtshwankela), but you gave them the opposite and abused them instead,” said the magistrate.

She noted that Mbiba did not use any form of protection, resulting in one of the children contracting a sexually transmitted infection and had to nurse vaginal warts at a very tender age.

“This is a very bad case of abuse where the court should show the accused that children need protection. The court should send a word to would-be offenders that courts do not condone such behaviour from members of the community.

“This is a case that would best fit a life sentence because you are not worth keeping in any civilised society,” the magistrate said.

The State case was that between June and July last year, Mbiba sexually abused four children after they had gone to his room to ask for umtshwankela.

After sexually abusing them, he would threaten them with death if they told anyone.

The offences came to light when the girls made a report to their class teacher who then referred the matter to the school head.

A report was finally made to the police, leading to Mbiba’s arrest.

Mr Goodluck Katenaire prosecuted while Mr Nkosilathi Mlala defended Mbiba.

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