Cape Town Regional Court Photo: Jenni Evans
- A young girl was tricked into travelling with two women from rural Eastern Cape and found herself “married” to a 47-year-old drunkard.
- They are now on trial for allegedly trafficking a child for sexual exploitation.
- The man is also charged with rape and assault.
Two women and a man are on trial in the Cape Town Regional Court for allegedly trafficking a 16-year-old girl from rural Eastern Cape into a sham marriage with a man in his forties for “sexual intercourse”, without her consent.
She is an adult now, but at the time in 2012, was not even allowed to go to school while “married”.
The three tried unsuccessfully to have the case against them discharged.
Still, in a judgment for this on Thursday, the court found the State had exceeded the threshold of evidence, and the trial should continue.
Before this could happen, the three accused want to consult their clans on the way forward before they give their lawyers instructions.
This is apparently a long process, so 16 November was set aside for an update on whether they will testify.
The three are accused of tricking the complainant to go with them to Komani to marry a 25-year-old man in May 2012.
READ | ‘I didn’t grow up with love’: Woman in sex trafficking trial testifies
Instead, they paired her up with a 47-year-old drunkard who allegedly raped and assaulted her.
She waited one night for him to pass out drunk so she could escape from his home in Dunoon.
By then, she was already receiving treatment at a clinic for a vaginal injury, and she confided in a nurse.
The nurse informed her uncle of the situation, and her uncle was waiting for her when she escaped, and they reported it to the police.
The State is charging the three with trafficking a child for marriage and sexual exploitation, and the man for rape and assault.
The arrangement the three claims to have made with the girl does not comply with the Customary Marriage Act either because the “marriage” was neither negotiated nor celebrated under customary law, and she was only 16.
If found guilty, the State also wants their names placed in the sexual offences register so that they can never work in an environment where there are children.