High Court Frees Man (21) Who Slept With Minor (14), Blasts ‘Paradoxical’ Jail Sentence
A Bulawayo High Court judge has blasted a trial magistrate for jailing a 21-year-old man who had sex with a 14-year-old girl, saying the age gap between the two lovers was barely outside the legal “protected bracket.”
Justices Munamato Mutevedzi and Ngoni Nduna ordered the immediate release of Mduduzi Ngwenya from prison, setting aside his 21-month jail term for having sexual intercourse with a young person. The judges ruled that the Inyathi magistrate had handed down a “worryingly excessive” punishment and failed to consider community service or a fine.
Judges Say Age Gap Was A Factor In Sentencing
Zimlive reports that the court heard that Ngwenya and the 14-year-old girl were in a romantic relationship between September 2025 and February 2026. The affair came to light on February 25, 2026, when Ngwenya was caught inside the teenager’s bedroom.
Justice Mutevedzi ruled that the magistrate had misdirected herself by overplaying the age gap.
“In this case, the offender is aged 21 years whilst the complainant is 14 years old. He is, therefore, barely four years outside the protected bracket,” Justice Mutevedzi noted, with Justice Nduna concurring. “Clearly, it ought to have been taken in the offender’s favour.”
The judge explained that under recent legal amendments, the law acknowledges close age gaps and plays down criminalising relationships where an adult is not more than three years older than the victim.
Magistrate Rejected Non-Custodial Options
During sentencing, the Inyathi magistrate had refused to consider alternatives to prison. She argued that giving a fine or community service would make a “mockery of the justice system” and protect “predators.”
The magistrate then sentenced Ngwenya to 24 months in prison, suspending only three months – leaving an effective 21 months behind bars.
However, the High Court noted that Ngwenya was a youthful first-time offender who earned a living through small-scale mining in Inyathi. The judges ruled he was an ideal candidate to be kept out of Zimbabwe’s overcrowded prisons.
“The trial court had already decided, by imposing 24 months imprisonment, that the offence was not a serious one,” Justice Mutevedzi stated. “It becomes paradoxical to then turn around and argue that sentences that are intended for non-serious crimes will be a mockery to the administration of justice if imposed.”
Court Orders Immediate Release
The High Court directed the registrar to issue a warrant for Ngwenya’s immediate liberation from prison. The case was sent back to the Inyathi Magistrates Court for resentencing, with instructions to consider community service or a fine.
The judges ordered that any time Ngwenya has already spent behind bars must be deducted from whatever non-custodial sentence the magistrate eventually imposes.
The post Bulawayo High Court Frees Man (21) Who Slept With Minor (14), Says Age Difference Not Too Bad appeared first on iHarare News.
