On the first occasion of her sexual lessons by her uncle, the victim was seated on the chair when the
uncle removed her under pants and engaged her in sexual relations there on the chair where she
was seated. This alleged sex lesson took place in the minor child's own home.
The second time, the accused person had sex with this minor was again in her very own home. The
victim was sent to the uncle's place of residence to collect a suitcase from the accused person's wife.
The accused person's wife was ill. As a result, she was in bed when the victim arrived at her house.
The victim asked for the suitcase which was pointed out to her. She collected it and left the bedroom
where the accused person's wife was sleeping.
On her way out she met the accused person who ordered the victim to wait for him while he
proceeded into his bedroom to deposit his bag which he had carried in his hand when he arrived
from work. The victim waited for him. After depositing his bag he came to join the victim and they
both walked to her residence.
At the victim's home there was one person at home. Her name was Ntekeleng who was still cooking
the family's evening meal. She, Ntekeleng, asked the victim to keep an eye on the pots on the
cooker, while she, Ntekeleng, went out to breastfeed her baby who was crying at the time. The
accused person was left in the kitchen with the victim. He and the victim went into the next room which was the boy's bedroom.
The accused person told the victim that as the father to her, he is the one who must open her up. As
he said these words, he started undressing her by removing her pair of trousers and her panties. He
engaged her in a sexual act on the bed in that room. Ntekeleng returned to the kitchen. She saw the
accused person on top of the victim in the boys bedroom. The accused person also noticed
Ntekeleng who now was coming towards them.
The accused person got off the victim. He rushed to the door which he slam closed in the face of
Ntekeleng - hitting her with the said door. The victim also got up. She dressed and came into the
kitchen. The accused indicated that he wants to go to the shop to buy some batteries. He asked
Ntekeleng to allow the victim to come along with him after pointing out the shop where they will go
and that they will be very quick (i.e. is to say they will return in no time). After considering the
closeness of the shop indicated by the accused Ntekeleng allowed the victim to go with the accused
person. On the way the accused elected to go with the victim to the shop furthest away from her
home - not the one he had indicated to Ntekeleng.
The victim went along with the accused's latest choice of shop. On the way there or from there they
had to pass the reeds growing near the dam. The accused threw the victim in the bush of reeds and
once again undressed and had sex with her.
The minimum sentence prescribed by the law for this type of the crime under SEXUAL OFFENCES
ACT 2003, is fifteen (15) years imprisonment.