Brian Masuku was convicted and sentenced to 24 months of imprisonment under section 70 of the Criminal Law Codification and Reform Act as a result of having sexual intercourse with a person younger than 16 years old. However, he was in a romantic relationship with the person and at the time the sexual intercourse took place, he was 17 years old and his girlfriend was 15 years old.

Of the 24 months imprisonment that he was sentenced to, 8 months were suspended for 5 years on the condition that Brian Masuku not be convicted of any offence of a sexual nature committed within that period. Furthermore, the remaining 16 months imprisonment was suspended on condition Brian Masuku completes 525 hours of community service at Chivaka Primary School.