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Boyfriend inspects private parts’
By MANQOBA NXUMALO - SWAZI TIMES-13-Aug-2009
MBABANE - A rape survivor has narrated how her former boyfriend used to make unpleasant comments about her private parts and had her open her legs for an ‘inspection’.
This was to check if she had been having sexual intercourse with other males. Gugu Gama* revealed this during a trial at the Nhlangano Magistrate Court where she was testifying against Bongani Comfort Ndlela (32) who kidnapped and raped her in a forest for three days.
Ndlela, who is facing three counts of rape and kidnapping in that in June 7, 8, and 9, 2003 he kidnapped and raped Gama, further hacking her with a bush knife, is now appealing against the conviction and sentence. He was sentenced to nine years in respect of the rape charges and one year for kidnapping by Senior Magistrate Peter Simelane. He yesterday appeared before Judges Mbutfo Mamba and Stanley Maphalala where he argued for his acquittal.
Gama had told the magistrate that she was in love with Ndlela, but the relationship came to an end when Ndlela made remarks about her private parts. The exact words Ndlela said when ending the relationship will not be repeated here because they were not only insensitive, but also very gross.
She told the magistrate that not only did Ndlela make the remarks about her private parts, but would also make her open her legs so that he could check if she had not slept with other men. When cross examined by Ndlela’s lawyer, Bongani Dlamini, if she had found anything to be distasteful or wrong about their relationship she replied that Ndlela would beat her up using a cable and that he would disappear without anyone, not even his parents, knowing where he was.
She said she would be asked by Ndlela’s parents if she knew where their son was and she would always respond to the negative. She added that when she came home from work she would be forced to open her legs so that Ndlela would do an ‘inspection’. “Again, every time I got paid at a factory in Nhlangano, he would dispose me of my earnings by force. Every time I came late he would say I was with other men,” Gama said. However, Ndlela, who was conducting his own defence, argued that his grounds for the setting aside of the conviction were that the complainant was the mother of his six-year-old child and he had been framed by his accuser’s parents.
He also argued that no medical report was brought to court. He also complained that the sentence was too harsh for him as a first offender and was not backdated. Appearing for the crown in the matter was Qondile Zwane while Gcebile Dlamini was the interpreter.
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