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‘Shameful and embarrassing’

Justice Nyamadzabo
FRANCISTOWN: A son who had an axe to grind and ended up raping his own mother on two consecutive days was sentenced to 27 years in jail on Wednesday.

On the first count, the accused, who cannot be named for ethical reasons, was convicted of raping his mother at around 11 pm near the cemetery in Gumare on September 6, 2017.

The man was also found guilty of raping his mother inside her bedroom in Gumare on September 7, 2017 at their homestead.

The matter was then referred to Justice Barnabas Nyamadzabo because the Magistrate who presided over at the lower court did not have the sentencing powers to sentence the accused to longer prison terms.

Passing the sentences against the former Gumare auto mechanic, Justice Nyamadzabo described the son’s actions as “shameful and embarrassing”.

“The offences that the accused committed are very serious ones which require the court to deviate from passing the minimum mandatory sentences in order to deter would-be offenders who may be tempted to commit similar offences in future.

The fact that the accused raped his own mother is very shameful and embarrassing,” said the concerned judge.

“The accused is sentenced to 15 years in jail for the first count and another 12 years in jail for the second count.

“These sentences which are a result of abominable actions shall run consecutively,” Nyamadzabo then added, as the accused hung his head in utmost ignominy about his unspeakable actions.

The rapist could not even muster the courage to look the judge in the eye when his verdicts were passed.

Justice Nyamadzabo also added that he could have sentenced the accused to longer prison terms if he was not a first offender.

“The accused is a not first offender who is also HIV negative. However, these cases are very rare because they involve a child who unashamedly raped his own mother. The accused has been remanded in custody after he was arrested in 2017,” Nyamadzabo explained.

Passing judgement previously on the matters, Justice Nyamadzabo said that the complainant, who was then aged 47, told the Court that she was a mother of five children including the accused.

Nyamadzabo said that the complainant told the lower Court that on September 5, 2017, her son, who was then aged 31, told her that he was not feeling well and she promised him that she would find someone to help him.

The mother by then, Nyamadzabo added, had not found the traditional doctor who was to assist her son.

Nyamadzabo continued by saying according to the complainant, at around 11pm on September 6, 2017, the accused went to her and told her that he had found a traditional doctor who could help him.

“The son then told his mother that they should go and consult the traditional doctor at once at the doctor’s place. The mother suggested that they should hire a taxi to take them to the residence of the traditional doctor but the son told her that he would fix the tyre of his bakkie that was parked within their yard, which they would use for travelling…

“The accused and his mother later left to consult the traditional doctor.

When they were about to reach the graveyard, the accused stopped the car and alighted from it leaving his mother inside.

While he was outside the car, he pretended that he was communicating with someone using his mobile phone,” said Nyamadzabo.

Nyamadzabo then said that according to the record of proceedings from

the lower Court, after the accused returned to the car, he told his mother that the traditional doctor had told him that they should keep on driving along the road and they would see some candle lights since he was busy helping one of his patients.

“The accused and her mother kept on driving along the road but they did not see the candle lights. The complainant then became suspicious that her son was may be planning to kill her…

The accused then told her mother that he saw some tracks on the ground, which were a sign that they were near the doctor. 

The complainant then started to complain because she did not understand what was happening. The accused then stopped the car,” said Nyamadzabo. 

A chill ran down the spines of people who were in Court after Nyamadzabo quoted in verbatim what the accused told her mother after he stopped the car.

Nyamadzabo said the accused told his mother that, “Mother I did not bring you here for nothing. I brought you here because I have a problem that I can’t tell you at home. 

I was told by a traditional doctor that if I want to solve my problems, I should have sex with you”.

Nyamadzabo said that the accused’s mother then told her son that what he was planning to do was not good but he threatened to kill her.

“The accused took some metallic objects from the car threatening to kill his mother… he then went to the side where his mother was sitting in the car and pulled her outside the car. He instructed her to go to the back of the bakkie and she obliged.

The accused then undressed her mother before proceeding to have sexual intercourse with her. He told his mother that he was having sex with her in order to cleanse her. After the accused finished having sex with his mother, he gave her a bottle of water and ordered her to wash her private parts.

The complainant obliged and they then returned to their yard to sleep in their different rooms,” said Nyamadzabo.

The complainant told the Court that she spent the following day contemplating to report what she experienced the previous day, but she had doubts if she had a strong case because she had destroyed evidence after the accused told her to wash her private parts, Nyamadzabo narrated.

“She also stated that she was enveloped by shock and fear to report what happened to her and spent the whole day not knowing what to do.

On September 7, 2017, the complainant told the lower Court that as if what happened to her the previous day was not enough, the accused knocked at her door around 11 pm and told her that he did not manage to totally cleanse her the previous day and begged his mother to open the door for him before proceeding to forcefully have sex with her again… .”

During the accused’s trial, Nyamadzabo said that the accused also made a litany of claims, amongst them that he was in love with his mother, they first had sex while he was doing Standard 7 and that his mother prevented him to have love relationships, which claims the judge noted were untrue.




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