Gweru magistrate jails man 3 years for sex with minor

By Dumisani Ndlovu

GWERU– Blessed Mlauzi, a 27-year-old boiler maker, found his personal pleas for mercy dismissed by the Gweru Magistrate Court this week as he was handed a three-year custodial sentence for the aggravated indecent assault of a 15-year-old girl.

Mlauzi, employed at VNN Gopal, was convicted following a full and contested trial that brought to light a series of shocking indecent acts committed against the Form One student between July and August 2025.
On Monday, October 6, 2025, Magistrate Anold Maburo sentenced Mlauzi to three years imprisonment, with six months conditionally suspended for five years, ensuring the 27-year-old will serve an effective 2.5 years in prison.

Magistrate Maburo delivered both the conviction and the sentence with explicit criticism, detailing the "harrowing ordeal" faced by the child victim—whose identity is legally withheld due to her age.

Mlauzi was arraigned on three counts relating to performing indecent acts, defined under section 70(1)(a) of the Criminal Law Codification and Reform Act. Despite Mlauzi’s insistence that he denied the most severe charges, the court found the complainant’s testimony truthful, collaborative, and credible.

The court heard testimony detailing multiple acts, including the first count where Mlauzi performed an indecent act, ejaculating semen between the minor’s breasts. Crucially, while the victim was described as perceived to be consenting at the time, Magistrate Maburo emphasized that a 15-year-old is legally incapable of providing valid consent to such acts.

The severity of the subsequent charges underscored the violation. The second count detailed three instances of anal sexual intercourse, which the court heard resulted in the child defecating—a detail that highlighted the immense trauma and physical distress caused.

Mlauzi admitted only to the third count: inserting two fingers into the minor’s vagina, an act which both the accused and the victim testified resulted in significant bleeding.

During mitigation, Mlauzi desperately pleaded for a non-custodial sentence, citing personal responsibility and attempting to shift blame toward the victim.

"I beg with the court to pardon me and give me a non-custodial sentence so that I attend my girlfriend who is three months pregnant," Mlauzi stated. He further claimed to be the sole breadwinner for his elderly parents and attempted to discredit the victim by stating, "The girl had other boyfriends: I have screenshots to that effect."
Magistrate Maburo swiftly dismantled these arguments, clarifying that Mlauzi’s personal circumstances—his pregnant girlfriend or his financial status—had no bearing on the calculated severity of the charges he faced.

Public Prosecutor Brandon Ndlovu rigorously argued for a harsh, presumptive sentence, stressing that the crime was committed in aggravation. Ndlovu highlighted the substantial age disparity between the accused and the victim as a key factor.

"Mlauzi is 27 years and the complainant is 15 years; there is an age difference of 12 years. Such disparity in their ages is in itself aggravatory," Ndlovu asserted, citing binding High Court precedent.

The prosecutor further emphasized the irreversible harm Mlauzi inflicted on the child.
“Mlauzi failed to use protection during any of the sexual encounters, thereby exposing the minor to HIV and other sexually transmitted infections.He introduced the child to unnatural sexual intercourse, ensuring her childhood innocence was "forever lost," he said.

Ndlovu stressed that lenient sentencing would trivialize offenses that are tragically on the rise, imploring the court to consider a minimum of three years imprisonment.

Ndlovu concluded his submission by invoking international law, specifically Article 19(1) of the UN Convention on the Rights of the Child (CRC), to which Zimbabwe is a signatory. This article mandates that the State must take measures to protect children from "all forms of physical abuse or mental violence… maltreatment or exploitation including sexual abuse."

Magistrate Maburo, aligning with the prosecution’s arguments, ruled that due to the seriousness of the aggravated assault and the vulnerability of the victim, a non-custodial sentence would indeed trivialize the matter.
Blessed Mlauzi was subsequently given a custodial sentence. He will be held at Hwahwa Correctional Service facility where he will commence his sentence, a judgment hailed by the victim’s parents for upholding the principles of child protection and the rule of law.