A Bulawayo High Court judge has strongly criticised a trial magistrate for sending a 21-year-old man to prison for having s3x with a 14-year-old girl, arguing that the age difference between the two was only slightly outside the legal “protected bracket.”
Justices Munamato Mutevedzi and Ngoni Nduna ordered the immediate release of Mduduzi Ngwenya, overturning his 21-month jail term for engaging in s3xual intercourse with a minor. The judges ruled that the Inyathi magistrate had imposed a “worryingly excessive” punishment and had failed to consider alternatives such as community service or a fine.
The court heard that Ngwenya and the 14-year-old girl were in a romantic relationship between September 2025 and February 2026. The relationship was discovered on February 25, 2026, when Ngwenya was found inside the teenager’s bedroom.
Justice Mutevedzi ruled that the magistrate had misdirected herself by placing too much emphasis on 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 agreeing. “Clearly, it ought to have been taken in the offender’s favour.”
The judge explained that recent legal amendments recognise close age differences and tend to downplay criminalising relationships where an adult is not more than three years older than the victim.
During sentencing, the Inyathi magistrate had refused to consider non-custodial options, arguing that imposing a fine or community service would make a “mockery of the justice system” and protect “predators.” She sentenced Ngwenya to 24 months in prison, suspending only three months, leaving an effective term of 21 months behind bars.
However, the High Court noted that Ngwenya was a young first-time offender who earned a living through small-scale mining in Inyathi. The judges ruled that 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.”
The High Court directed the registrar to issue a warrant for Ngwenya’s immediate release 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.