13
[27]
The complainant was found by the trial court to be an excellent witness whose
version was not undermined in any material respect. She was still visibly
traumatised when testifying almost two years after the events.
[28]
The complainant’s mother’s testimony may be summarised as follows. During
February 2010 she discovered that the complainant had been given away in a
customary marriage by her own mother and brother (who is the uncle to whom
the complainant referred during her testimony). She would never have
consented to the complainant’s “marriage” because she was too young. She
went home the following week to discover that the complainant was indeed no
longer there. She could obtain very little information as to who the complainant
had “married” or where she was. Lobola of R8 000 was paid to the maternal
grandmother, and in turn later handed to her. The complainant’s mother
subsequently ascertained that the complainant had run away from her “marital
home” when the appellant came to inform her brother. Despite her search the
complainant could not be found. On the following day she received information
that the complainant was hiding in a forest and sent word for her to come
home at a time when her mother and brother would not be there. The
complainant returned in an hysterical state, crying uncontrollably. She told her
mother that she did not want to be married and that the appellant was a violent
man. She told the complainant to pack a bag and early the next morning sent
her to hide at her family house until she could borrow money to send the
complainant by taxi to where she worked.
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