Mashudu Netsianda Senior Court Reporter
A BULAWAYO regional magistrate, Sikhumbuzo Nyathi, has issued a warrant of arrest against a prosecutor for allegedly defaulting court.The prosecutor, Paida Zengeni, who was supposed to handle a rape case for Bigboy Aleck Sibanda, 56, of Inyathi, was actually on leave.
Nyathi ordered a court orderly to call out Zengeni’s name three times in accordance with the standing rules, but the prosecutor was in no show prompting the magistrate to issue a warrant of arrest.
Masimba Saruwaka who stood in for his colleague tried to tell Nyathi that his colleague was on leave, but the message fell on deaf ears as the magistrate went ahead and issued the warrant of arrest.
Zengeni was supposed to prosecute in the matter where Sibanda allegedly raped his 15 year-old niece in 2013. The matter was postponed to March 26.
The court heard that sometime in December 2013, the victim went to Sibanda’s home to fetch water and she found her uncle alone.
Sibanda lured his niece into his bedroom hut and demanded to have sex with her. The girl refused and Sibanda pushed her onto the bed and stripped her before he went on to rape her once.
After allegedly committing the crime, Sibanda threatened to assault his niece if she reported the matter.
The girl did not report the rape until police received a tip-off through a suggestion box.
The victim was interviewed by police and she revealed that she had been raped by her uncle and Sibanda was subsequently arrested.