News / Regional
Tsholotsho cousins sentenced for incest
29 Jan 2012 at 04:17hrs | Views
A MAN in Tsholotsho has been sentenced to 280 hours of community service for committing incest and impregnating his cousin while his partner in crime evaded the long arm of the law because she now has a three-week-old baby.
This came to light when the two accused, Constan Sibanda (26) and Sibonginkosi Sibanda (19), who both reside at Mcetshwa Village in Sipepa, appeared before Tsholotsho resident magistrate, Mr Toendepi Zhou, for having sexual intercourse within a prohibited degree of a relationship as defined in Section 75(2) (1) of the (Criminal Law Codification) and Reform Act, Chapter 9:23.
The two accused are related in that they are cousins as their fathers are brothers.
The male offender, was sentenced to 12 months imprisonment of which four months were suspended for five years on condition that he is not convicted of any offence of which incest is an element.
Once convicted for incest within that period, he will be sentenced to imprisonment without the option of a fine.
A further eight months were suspended on condition that the accused completes 280 hours of community service.
The female offender, Sibonginkosi Sibanda, was sentenced to 12 months imprisonment which was wholly suspended for five years on condition that shedoes not commit an offence of a similar nature.
In passing the sentence the magistrate considered that the female offender had fallen pregnant and had a three-week-old infant.
He, however, considered that having sexual intercourse between blood relatives is prohibited as it goes against the culture of our society and that the child born might find it difficult to coexist with other children.
The circumstances as presented by the prosecutor, Mr Fritz Madida, are that on the date unknown to the prosecutor but in the period extending from January to March 2011 the two accused persons had sexual intercourse on several occasions.
The matter came to light when the second accused was pregnant and was questioned by her parents and he told them that her cousin impregnated her.
The matter was reported to the police leading to the arrest of the two accused.
This came to light when the two accused, Constan Sibanda (26) and Sibonginkosi Sibanda (19), who both reside at Mcetshwa Village in Sipepa, appeared before Tsholotsho resident magistrate, Mr Toendepi Zhou, for having sexual intercourse within a prohibited degree of a relationship as defined in Section 75(2) (1) of the (Criminal Law Codification) and Reform Act, Chapter 9:23.
The two accused are related in that they are cousins as their fathers are brothers.
The male offender, was sentenced to 12 months imprisonment of which four months were suspended for five years on condition that he is not convicted of any offence of which incest is an element.
Once convicted for incest within that period, he will be sentenced to imprisonment without the option of a fine.
A further eight months were suspended on condition that the accused completes 280 hours of community service.
In passing the sentence the magistrate considered that the female offender had fallen pregnant and had a three-week-old infant.
He, however, considered that having sexual intercourse between blood relatives is prohibited as it goes against the culture of our society and that the child born might find it difficult to coexist with other children.
The circumstances as presented by the prosecutor, Mr Fritz Madida, are that on the date unknown to the prosecutor but in the period extending from January to March 2011 the two accused persons had sexual intercourse on several occasions.
The matter came to light when the second accused was pregnant and was questioned by her parents and he told them that her cousin impregnated her.
The matter was reported to the police leading to the arrest of the two accused.
Source - Tsholotsho
