HIGH COURT OF LESOTHO
Case No.79/2005 CR/347/2005
Order No.5/2005 Maseru District
Order 7th April, 2005.
accused is charged with contravening section 8 (5) of the Sexual
Offences Act No.3 of 2003. The allegations were that the accused
wrongfully, unlawfully and intentionally have sexual intercourse with
one Joalane Anna Tsatsi aged 16 years without her consent.
accused pleaded guilty to the charge and an outline of facts was made
by the Public Prosecutor. The facts outlined disclosed
the offence of
rape and a verdict of guilty was returned after the accused
accepted the facts as true.
accused being a first offender was sentenced to a term of eight years
imprisonment. The Magistrate gave reasons for his sentence
and in his
reasons mentioned also about the epidemic disease of Hiv/Aids which
is killing people in frightening numbers.
concern here is that it would seem that the provisions of section 30
(1) of the Act are usually being ignored. The section
"30 (1) A person charged with a sexual act involving the
insertion of a sexual organ into another person's sexual organ or
anus, shall have his blood substance taken by a medical practitioner
within a week of the preferment of the charge."
in sexual offences are never subjected to the compulsory testing as
envisaged under the Act in order to bring the sentences
line with the provisions of section 32 of the Act for appropriate
sentences to be imposed.
Magistrates' Courts take note of this omission and start taking the
accused for tests before the commencement of the trial
in rape cases.
My brother Monapathi J in Review Order No.15/2004 R v Ntlaba Eric
Mosola Makhabane dated 31st August, 2004 very
strongly and ably
advised all Magistrates to take cognisance of the provisions of
30 (1) and (4) of the sexual Offences Act as a relevant issue in
assessing an appropriate sentence.
proceedings are in this case otherwise in accordance with real and
Police - Maseru
Prisons - Maseru
Director of Prisons Director of Public Prosecutions
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