20 YEARS IN JAIL FOR RAPING DAUGHTER (12)

MBABANE - A man who raped his 12-year-old daughter is the latest casualty of the much applauded SODV Act.

*Mandla (43) was yesterday sentenced to 20 years imprisonment without the option of a fine by Judge Cyril Maphanga.  
This was after he was found guilty of contravening the Sexual Offences and Domestic Violence Act of 2018.
Mandla was convicted of rape with aggravating circumstances by Mbabane Principal Magistrate Fikile Nhlabatsi on December 2018, who then committed him to the High Court for sentencing.

Background

The brief background of the matter is that, Mandla lived in his own rented flat comprising of a single room in a commune in the Hhohho region.
The exact location will not be disclosed to protect the survivor.

His daughter would only visit him from time to time during school holidays. When visiting her father, there was an arrangement for the minor to lodge at the landlord’s sleeping quarters.

However, on the night of the incident, there was departure from this arrangement, as Mandla insisted that his daughter should sleep in his rented room where she had to share a bed with him.

During the course of the night, Mandla forcefully raped her.
In sentencing Mandla, Judge Maphanga said there was a public expectation that the courts, in so far as their discretion permitted, should reflect the revulsion for rape, most particularly offences involving rape and sexual violation of children. 

Aggravating

He said even more aggravating, would be instances where the offence was committed on children under the care of their guardians, parents and those very people on whom they look to for security and protection.

The judge cited a criminal appeal of Malamuli Obi Xaba which was heard in 2007, where former Chief Justice (CJ) Richard Banda made insightful remarks pertaining to rape offences in the Kingdom of Eswatini at that time. 

The former CJ in that judgment stated: “Rape is a very serious offence and is becoming prevalent in the kingdom and it is important that the courts should impose meaningful sentences that will attempt to reduce the incidence of rape.
“Rape is a crime of diabolical nature which offends the sensibilities of every normal decent human being, particularly where the victim is such of tender age.”
Judge Maphanga said he associated himself with these sentiments.

He pointed out that such a situation appeared not to have improved but worsened.
“The advent of the new legislation has heralded the need to revisit the sentencing trends and to take into account, the codification of the offences and the statutory guidelines for sexual offences that have been written into law,” said Judge Maphanga.

Pressure

He went on to state that the sensibilities of society and the public’s revulsion at the abhorrent nature of these crimes placed enormous pressure on the courts to reflect the attendant concerns by handing down stiff, deterrent and retributive sentences.
“The difficulties attendant on the sentencing exercise is even more compounded in rape cases, especially where the victim is a child and the rape is committed by a close family member,” he said.

The judge also highlighted that in passing sentence, the court was called to act objectively, dispassionately and having regard to all the relevant factors.
 “Rape in its depravity and prevalence has become a scourge of modern times in the Kingdom of Eswatini. It’s most pernicious form manifests in crimes against innocent children within family settings.”

Punishment

He said in this case, as it would most certainly be in all rape cases under the current legislative framework, courts had to undertake sentencing within the framework of the punishment pre-ordained by the statutes.

He stated that he was mindful that every sentence must be carefully attenuated to fit the crime, the criminal and the circumstances of each case. 
He said in other words, it must be individualised.

 Judge Maphanga said whether there were guidelines or parameters such as minimal sentences or precedents to promote uniformity in sentences for like offences, these could only serve as to define the scope of sentences in finding an appropriate sanction.
According to the judge, these considerations were fundamental elements of the sentencing process.

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