SITEKI - A man who appeared for sodomising a 13-year-old boy shocked the court when he said the boy seduced him.

Sibusiso Masimula appeared before Magistrate Nonhlanhla Dlamini, facing a count of indecent assault.

He pleaded guilty to the charge and further elected to conduct his own defence. When asked by the court why he committed the offence, Masimula said: "It is the complainant who seduced me by kissing me, hence I committed the offence."

He added: "It was not the first time as we always play this game. It is for this reason that I am confused by his decision to report me to Mr. Way."

The mentioning of Way seemed to confuse the magistrate, but Masimula explained that Way is the owner of the farm where he and the complainant are employed.

Kissed

"So do you mean to tell me that you molested the boy after he kissed you? And that this was not the first time?" asked the magistrate.

Masimula answered to the affirmative.

In mitigation, he pleaded with the court to pass a lenient sentence because he was remorseful of what he had done adding that it was a mistake.

Before passing sentence Magistrate Dlamini warned the accused against molesting children.

Masimula was sentenced to six months imprisonment with an option of a E600 fine.

The whole sentence was suspended for a period of three years.

The accused was further warned not to commit a similar offence within this period.

Meanwhile, Magistrate Dlamini also expressed concern that the complainant is employed yet he is still categorised as a minor.

"This is child labour and a violation of labour laws. Police should probe this," said the magistrate.

COMMENTS:

- Let me get this straight, the sentence of 6 months with an option of a E 600.00 fine was wholly suspended for 3 years. And this is for molestation of a 13 year old minor? What were the mitigating factors; seduction by a 13 year old? As a country we seem to have a complete disregard for the welfare of the child if this case is anything to go by. This man should have been charged with sodomy and statutory rape and the court should have thrown the book at him. What kind of psychological damage has the boy suffered and how will it impact on him and the society he will grow up in to be a man? There is a need of support structure to deal with such cases so as to eliminate undesired behavior which may have painful and far reaching consequences in years to come ala sereal killer/rapists in the making

January 10, 2013, 8:00 am, Skhumbuzo

- This is really disgusting, a E600.00 bail for such a serious case. What if the 13 year old was a girl? Now it is obvious to everyone that when we say there is a huge gap between boys and girls, men and women we mean it. The constitution favours women/ girls than men/boys but no one wants to admit this. Only God will bring solution for men.

January 10, 2013, 5:30 pm, cellular

- Lord this is a joke. Ít's a E2000.00 fine or two years for buying, drinking your beers and then driving your own car safely but it's only E600.00 or six months for raping or molesting or whatever you can call it. This is child abuse at it's highest level. Let's do something about our laws - It's clear the boy child is not protected. Please note: this is not to say drinking and driving is better but I'm just wondering

January 10, 2013, 5:30 pm, Qupdog

- this is gross miscarraige of justice, the child was raped, under aged, sodomised, traumatised and only God knows what else. This man is running amok and free. There is no gender equality there. Had he been a girl ,the rapist would have been given 7 yrs without an option of a fine. This is so damned unequal opportunity. As a woman and a mother, this case should be tried again. Justice has not served and failed this child what of these diseases through this abominable act, he might end up being infected with HIV

January 10, 2013, 5:30 pm, Phephile Magongo