Man, 79, ties up niece for friend to rape

A 76-YEAR-OLD man from Lupane allegedly tied up his teenage niece on different occasions so that his friend, 59, could rape her.

Philimon Mlindema Sibanda of Gweshanga Village, who was the girl's guardian, allegedly went on to force his niece to marry Freddy Ndlovu (pictured top) after a series of rapes, in exchange for a cow.

The two allegedly agreed on the marriage terms at a beer drink.

Ndlovu -  also known to villagers as Mareza because they allege he is a serial bed-hopper - would have sex with the girl on the floor while his wife slept on a bed in the same room.

The complainant, from Silwane Village in the same area was 16-years-old when the alleged rape occurred in 2007.

The two elderly men were on Friday dragged before Hwange regional magistrate Dambudzo Malunga facing rape charges.

Both denied the crime arguing that the sex was consensual.They were both remanded out of custody to March 4 for continuation of trial.

Ndlovu told the court Sibanda offered him the girl at a beer drink.

"We were at a beer drink with Sibanda when he offered the girl to me. I went to his homestead where he showed me three girls and I chose the complainant and paid a beast as lobola," he said.

Ndlovu left the court in stitches when the magistrate asked whether the intercourse was consensual.

"Your worship, she agreed because she didn't pinch me like those other women usually do when they're forced into sex," he said.

Sibanda denied tying up his niece and claimed the marriage was consensual as the two were in love.

"I never tied her up, instead she told me she was in love with Ndlovu and they got married properly. I didn't doubt her since Ndlovu is also called Mareza because of his notoriety with women," said Sibanda.

The complainant, however, told the court she was forced because her uncle tied her hands so that Ndlovu could have sex with her.

Prosecuting, Tawanda Sigauke told the court that the trial delayed because police could not locate the complainant who had relocated to Botswana with her new husband, after she fled Ndlovu's homestead.

Said Sigauke: "On February 2, 2007, Sibanda called the complainant and told her that he had found a husband who wanted to marry her. On February 7, Ndlovu visited the co-accused and Sibanda introduced him to the girl as her husband to be."

The girl didn't consent, the court was told.It is alleged that Sibanda demanded and got a beast from Ndlovu.

"On the same night on February 7, Sibanda tied up the complainant's legs and hands and locked her in the same bedroom hut with Ndlovu. The first accused laid the complainant on the floor, pulled up her skirt,tore off her panties and had sexual intercourse with her without her consent. The accused rested for a while and raped her for the second time without her consent," said the prosecutor.

The court heard that Sibanda untied his niece in the morning while Ndlovu left for his homestead.

Ndlovu returned to Sibanda's homestead a few days later.

Sibanda allegedly forced his niece to sleep in the same room with Ndlovu where he allegedly raped her twice at night, it is alleged.

The prosecutor said in the evening the girl fled as Ndlovu wanted to rape her again and she slept at a neighbour's homestead.

Sibanda followed her and tied her hands before handing her over to Ndlovu who took her to his homestead as a wife.

At home, Ndlovu told the court, he had sex with the girl on the floor while his wife slept on the bed.

The matter came to light when the complainant narrated her ordeal to Lamlela Ncube who then helped her report to the police leading to the two men's arrest.