Headman Gets Six Years For Incest

Lebogang Mosikare | Monday September 7, 2015 15:46

 

DNA tests have shown that the accused indeed fathered a child with his biological daughter. The state alleged that the accused committed the offence at Newstands location in October, 2008.

Passing sentence, Principal Magistrate Sijabuliso Siziba said the victim of the offence was a minor who is the accused’s biological daughter.

Siziba suspended two years on condition that the accused does not commit any offence that has an element of sex for two years. The accused can appeal to the High Court if he is not satisfied with conviction or sentence or both.

“The maximum sentence for this offence is life in jail. I have taken into consideration the submissions of the defence attorney. I have also considered that you are the breadwinner for your family and aged 63. I agree with the defence counsel that it took a long time for this matter to be finalised,” said Siziba.

Siziba stated that he was concerned by the actions of the accused because he was not a first offender. “You have committed six offences in the past. I agree with the defence counsel that the last offence you committed was in 1984. It should be noted that you were given lesser sentences in the past to encourage you to reform. This however does not seem to have helped much. I also take into account that you are a hypertension patient,” said Siziba.

He added that the purpose of legislation with regards to the offence the accused committed is to protect young children.

Siziba stated that he had taken into account the six months the accused spent in jail before he was granted bail by the high court.

Earlier, the accused’s attorney Morgan Moseki pleaded with the court to be lenient when sentencing the accused.

Moseki said the accused was a father of eight children, the youngest aged four, who all look up to him for support.

“The accused is a man of stature in society as he is a headman at one of the wards in Masunga,” said Moseki.