By Melisa Munzvandi
Regional Magistrate Charity Maphosa has sentenced Leon Ngwenya 18 to 480 hours of community service for having sexual intercourse with a 13 year old minor.
Ngwenya had been found not guilty of rape but guilty of having sexual intercourse with a minor.
Maphosa ruled that it is not in question that the two were in a relationship and started dating on January 31 2026.
In her judgement Maphosa said, “It is surprising that the complainant invited the accused over not once but twice but now claims to have been raped.”
She said, “It is therefore difficult to determine that there was no consent but since the complainant is a minor it is questionable whether she knew the consequences of what she was agreeing to.”
Maphosa ruled that, “I have determined that she consented because she was worried about the neighbours finding out and also that they had intercourse two times.”
In her judgement Maphosa said the penalty for having sex with a minor is five years.
She considered the mitigation that Ngwenya is 18 years old, not married, has no children, is not employed, his parents fend for him and he wrote Form Four last year. He told the court that it was a mistake and he plans to work for his child.
He was sentenced to 480 hours of community service which amounts to 40 days.
The court warned him that community service is work he will be serving for free and if he fails to do it he will serve his sentence in jail.