6
the complainant, putting his hand into the complainant’s underpants and masturbating
him. Thereafter, he placed the complainant’s hand on his penis, and with his hand
over the complainant’s hand, performed a masturbating action. This carried on until
one of them ejaculated – according to the complainant, this was how it always ended.
[10]
After this incident, the appellant gave the complainant money of between R50
and R200. The gifts of money had in fact started before the ‘masturbation and
everything’ began. In his examination-in-chief, the complainant made the unsolicited
comment, referring to the mutual masturbation, that ‘it is a nice feeling, with that I am
not going to quarrel’. Nevertheless, he felt heartsore and disturbed by what had
happened. He was scared to tell his parents because he did not know how they would
react and felt that they might be disappointed in him. His relationship with his parents
at that stage was such that they did not really talk about sex and like matters, so he
kept these things to himself. He found it much easier to talk to his friends about such
matters. He stated that he was scared to say no to the appellant because he (the
appellant) might then do something more serious to him. The complainant also
expressed his belief that the main reason why he was not able to tell his parents about
what was happening was the fact that the appellant gave him gifts of money after
these incidents. He enjoyed being spoiled by the appellant, but this spoiling also made
him feel that he was the guilty party. Under cross-examination, he conceded that he
could have stopped these incidents at the outset, had he wanted to do so. Although he
did not really know why he had not done so, this had all happened at a time when the
family was suffering financially and he believed that the reason why he had kept quiet
about it all was the money with which the appellant had ‘bribed’ him.
[11]
As regards count 3, the complainant testified that during the period between
January and April 1998, the appellant was teaching the complainant to drive at the
parking area of the Corpus Christi Church in Elardus Park. The complainant was
sitting in the driver’s seat of the appellant’s vehicle, with the appellant on the
passenger’s side, when the latter started to rub the complainant’s trousers, so that he
got an erection. The appellant then once again put his hand inside the complainant’s
underpants and masturbated him. There then followed the usual mutual masturbation,
which ended when one of them ejaculated. They swapped seats and then returned to
the complainant’s parental home. According to the complainant, after the incident in