The Bulawayo Magistrates Court, presided over by Regional Magistrate Sibonginkosi Mkandla, acquitted Ngqabutho Sibanda, aged 27, a teacher employed at a school in Nyamandlovu, on charges of rape alleged to have occurred on two separate occasions involving a colleague.
At the close of the State case, the Court entered a verdict of not guilty. In delivering judgment, the Magistrate held that the complainant was not a credible witness and that the State had failed to establish a prima facie case against the accused.
The Court found that the complainant had adduced false evidence before it. Material evidence tendered during the trial indicated the existence of a consensual romantic relationship between the accused and the complainant, contrary to the complainant’s denial of any such relationship.
The defence placed before the Court WhatsApp communications between the parties. The Court held that the content of those messages materially contradicted the complainant’s testimony.
The Court further considered the complainant’s conduct following the alleged incidents.
It was noted that the first alleged offence occurred in a four-roomed staff residence occupied by other teachers.
The complainant did not raise an alarm at the time, nor did she report the matter to her colleagues on the following morning.
“It is shocking that, as she was allegedly raped, she did not scream, and that defies logic,” Magistrate Mkandla said.
The Court heard further evidence that the complainant and the accused engaged in sexual intercourse again on the afternoon following the first alleged incident.
It was submitted that the complainant reported the alleged offences to the police approximately one week thereafter, and only after the accused’s girlfriend had confronted her concerning the relationship between herself and the accused.
Constance Mathaba, appearing for the accused, submitted that the sexual relationship between the two teachers was consensual in nature.
The Court further heard that the parties had initially formed a friendship which subsequently developed into a romantic relationship, during which they kissed, embraced, and engaged in consensual sexual intercourse regularly.
The defence further contended that the complainant had informed the accused that she was married, with her husband residing in South Africa.
The accused, in turn, disclosed that he was in a relationship with a receptionist employed at the same school.
It was submitted that the complainant frequently invited the accused to her quarters and that the pair often spent the night together.
Mathaba argued that the complaint of rape was lodged only after the complainant was confronted by the accused’s girlfriend, which led to a deterioration of the relationship between the two teachers (the complainant and the accused).
In her testimony, the complainant denied having engaged in sexual intercourse before meeting the accused.
She stated before the Court: “I have never slept with anyone, and at our church, they do not allow congregants to engage in sex before marriage. I’m a virgin.”
The prosecution, led by Charmaine Mutapi, alleged that on 11 August 2025, the complainant, aged 35 years, was asleep in her room at the school staff cottages when the accused knocked on her window.
The State submitted that the complainant opened the door after the accused indicated that he wished to collect an item from her room, whereupon he allegedly raped her.
It was further alleged that the accused returned at approximately 5 AM the following morning, entered the complainant’s room while she was asleep, and sexually assaulted her for a second time.
After considering the totality of the evidence presented in court, Regional Magistrate Mkandla held that the prosecution had failed to establish a prima facie case sufficient to place the accused on his defence.
Accordingly, the accused, Ngqabutho Sibanda, was acquitted at the close of the State case and discharged.
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