IN THE HIGH COURT OF LESOTHO CRI/S/5/2007 CR.1758/2006 In the matter between:- REX CROWN V MATJOLA TEKANE ACCUSED DELIVERED BY THE HONOURABLE MRS JUSTICE KJ, GUNI 27th APRIL 2007 The record of the proceedings in this matter was forwarded to this court from the Magistrate Court Sitting at MASERU. The accused person was charged and convicted of the crime of PERSISTENT SEXUAL ABUSE OF THE MINOR CHILD. The trial of this accused person was before the Magistrate MATHAHA. The Magistrate sent the accused to the High Court for sentence IN TERMS OF SECTION 31 (2) SEXUAL OFFENCES ACT 2003, on the ground that the sentence provided for in the statute is beyond his or her personal powers. The penalty stipulated by section 32 (a) (v) SEXUAL OFFENCE ACT 2003, is the minimum of [15] fifteen years imprisonment. The accused person was charged and convicted in terms of SECTION 9 (1) SEXUAL OFFENCES ACT 2003. Therefore his sentence has been set out in the above mentioned section. PROVED FACTS At the trial it was proved that the accused person and the victim of the persistent sexual abuse knew each other very well. They are an uncle and a niece. The accused convinced the minor girl child that she should in accordance with tradition and custom be taught to practice sex by her father. Assuming and I suppose correctly so, that the victim's natural father who was the brother of the accused person is not practicing sex with his daughter, the accused pointed out to his niece - the victim that he as an uncle - standing in her father's place should take up the responsibility to teach the little girl how to practice sex. The victim expressed the view that her father does not teach her to practice sex. In fact her father does not even talk about sex with her.

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