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THE son of former Vice-President Phelekezela Mphoko, Siqokoqela, who had been convicted and sentenced to 20 years in jail for rape, has been acquitted of all charges by the High Court in Bulawayo.
Siqokoqela was initially convicted and sentenced to an effective 20 years in jail in 2023 by Bulawayo regional magistrate, Elijah Singano, for allegedly raping his niece and escaping from lawful custody.
However, following an appeal, High Court judges, Justice Bongani Ndlovu and Justice Munamato Mutevedzi on Monday overturned the previous conviction.
In their ruling, the judges highlighted various inconsistencies in the case, stating that the original conviction lacked reliability.
They pointed out that the allegations against Siqokoqela were primarily influenced by threats made by the alleged victim’s mother and raised concerns about the credibility of the claims due to delays in reporting the alleged crime.
While Siqokoqela’s conviction for escaping lawful custody was upheld, he was given a reduced two-month prison sentence for that charge.
The case has garnered significant attention in Zimbabwe, given Siqokoqela’s familial ties and the gravity of the charges he faced.
The acquittal has brought a sense of closure to the legal battle that has spanned years.
Siqokoqela was in 2023 sentenced to jail by a Bulawayo magistrate after a full trial.
In passing his judgement, Bulawayo Regional Magistrate, Mr Elijah Singano said many of the victim’s constitutional rights were violated and that Siqokoqela had betrayed the trust of the victim’s family.
He said lawfully, each count attracted a 10-year jail term and sentencing Siqokoqela to 30 years would be harsh. The magistrate then said the court was inclined to enforce a 20-year sentence for all three counts.
Siqokoqela had always denied the charges claiming that the allegations were a conspiracy by senior family members who wanted to silence him in his quest to know his biological mother.
He claimed a doctor who examined the minor on August 30, 2022, observed that there were no vaginal tears contrary to her mother alleging that she had spotted blood stains on the girl’s undergarments.
According to court papers, sometime between May and August 2022, Siqokoqela unlawfully and intentionally had sexual intercourse with his niece aged 12 (name withheld).
For the charge of escaping lawful custody, it was stated that on August 30 of the same year, at around 4.30pm and at ZRP Hillside Charge Office, Siqokoqela was arrested and brought to the charge office for rape by one Assistant Inspector Admire Donha.
While in the charge office, he was booked for detention under ZRP Hillside detention book reference number 284/22 and he had signed for his belongings for detention.
Siqokoqela requested to get his medication from his car, which was parked outside the charge office before he could be taken to the police cells for detention.
He was escorted by Constable Chimuka to his vehicle. Upon arrival, he jumped into his vehicle and sped off to an unknown destination. – (@The Chronicle)
Online Reporter