A BULAWAYO man serving a 35 year jail term for sodomising three boys while he was 16 years old broke into tears of joy yesterday after the High Court ruled that the sentence was too harsh and ordered his immediate release.
Busani Nkiwane, 28, of Nkulumane suburb, was in August 2007 convicted of seven counts of aggravated indecent assault by regional magistrate Fadzai Mthombeni and sentenced to an effective 25 years in jail after 10 years were suspended for five years on condition that he did not within that period commit a similar crime.
Justice Nicholas Mathonsi ruled that the sentence was too harsh following an appeal filed by Nkiwane's lawyer, Kenneth Lubimbi.
The judge ordered that Nkiwane should be immediately released since he had already served the remaining eight and a half years.
The court heard that sometime in December 2004, three boys went to a bush near Nkulumane Zesa office to play. Nkiwane ordered them to follow him to a nearby bridge. The court heard that Nkiwane ordered the boys to remove their trousers before sexually abusing them in turns.
- Chronicle
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