17
[35]
On the second night in Cape Town the appellant again asked for sexual
intercourse and the complainant willingly complied. It was only after the
complainant received a telephone call from a female relative on the following
day that her attitude changed towards him. She became ‘very cheeky and she
was not respectful’ and told him that she was no longer his makoti.
[36]
There were a number of arguments over the days which followed. During one
of these the appellant ‘lost control’ and grabbed a mop handle with which he
threatened the complainant. During their ensuing scuffle the handle broke and
struck the complainant’s leg. He was so shocked and concerned about the
complainant that he arranged for his sister-in-law to take her to a doctor for
treatment (on two separate occasions). About two days after the second visit
to the doctor the complainant ran away.
[37]
The appellant maintained that he had never assaulted the complainant with a
belt. He only aimed the mop handle at her and it was because she wrestled
with him that it broke and injured her. He never raped the complainant. His
brother had never held her down so that the appellant could rape her. He
never instructed anyone to keep her locked in the house during the day. The
complainant never expressed the wish to return to school. He was puzzled by
the complainant’s allegations against him. His testimony was that:
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