‘We clicked,’ lawyer accused of ‘buying’ and raping 13-year-old tells court

MBOMBELA – A lawyer accused of paying lobola for a 13-year-old girl before allegedly raping her has told the Mpumalanga High Court that they “clicked” when they first met, insisting their relationship was genuine despite the serious charges he faces.

The accused, whose identity cannot be published to protect the identity of the child complainant, is on trial for multiple offences, including rape, human trafficking and sexual assault. He has pleaded not guilty to all the charges.

Accused tells court they “clicked”

Testifying in his own defence, the lawyer told the court that he developed a close relationship with the girl after they met.

He claimed there was a mutual connection between them and described their relationship as consensual.

However, prosecutors argue that the complainant was only 13 years old at the time of the alleged offences, meaning she was legally incapable of consenting to sexual activity under South African law.

State alleges child was trafficked

According to the prosecution, the accused negotiated and paid lobola to the girl’s family before taking her to live with him as his wife.

The State alleges that this arrangement amounted to human trafficking and that the accused repeatedly raped the child while she was under the legal age of consent.

Prosecutors have argued that cultural or customary practices cannot override South African legislation designed to protect children from exploitation, abuse and sexual offences.

Defence disputes prosecution’s case

While giving evidence, the lawyer denied forcing the girl into the relationship.

He rejected allegations that he trafficked or raped the complainant, maintaining that the relationship developed naturally.

His evidence forms part of the defence case, with the prosecution expected to continue testing his version through cross-examination.

Child consent central to trial

A key issue before the court is the complainant’s age at the time of the alleged offences.

Under South African law, a child under the age of 16 cannot legally consent to sexual intercourse with an adult. As a result, the accused’s assertion that the relationship was consensual does not, on its own, constitute a legal defence to the rape charge if the State proves the alleged conduct beyond a reasonable doubt.

The High Court will assess all the evidence before reaching a verdict.

Trial continues

The matter has been postponed for the continuation of evidence.

No findings have yet been made regarding the accused’s guilt. He remains presumed innocent unless and until proven guilty in a court of law.

The trial continues in the Mpumalanga High Court, where the prosecution and defence are expected to present further evidence before the matter proceeds to final arguments and judgment.