The Regional Court in Gqeberha has handed down an 18-year prison sentence to a man, 33, for the rape and common assault of a woman, 27.
The accused, who shares a child with the victim, was found guilty on two counts of common assault which took place in December 2020 and June 2021, respectively, as well as one count of rape which also took place in December 2020 in KwaZakhele, Gqeberha.
On December 16, 2020, the accused lured the victim to his residence under the false pretence of collecting money for their child.
Upon arrival, he turned violent, slapping her over unfounded infidelity accusations.
In an attempt to prove her alleged infidelity, he sexually assaulted the victim, forcibly inserting his fingers into her genital area.
On June 5, 2021, the victim suffered another brutal assault when the accused encountered her walking home and struck her with a brick.
Despite pleading not guilty, the accused was convicted, amid the tireless efforts of State prosecutor Wilma Ferreira.
She presented compelling witness testimony, meticulously reconstructing the events surrounding the crimes.
Ferreira’s skilful prosecution highlighted the severity of the accused’s actions, demonstrating a clear pattern of abuse and control.
The Eastern Cape Director of Public Prosecutions, Barry Madolo, welcomed the sentence, emphasising the NPA’s commitment to combating gender-based violence and ensuring perpetrators face severe punishment.
The NPA said this sentence served as a powerful deterrent to would-be offenders and underscored the importance of justice for survivors of abuse.
Madolo highlighted the significance of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, which broadened the definition of rape to include, “unlawful and intentional sexual penetration, without consent of a person, specifically penetration of the genital or anal area of the complainant with any object or part of the body. This amendment recognises the severity of various forms of sexual penetration, including digital rape (insertion of fingers), object rape (insertion of objects) and oral rape”.
NPA regional spokesperson Eastern Cape Division, Luxolo Tyali, said the amended law aims to protect victims of sexual violence more comprehensively.
“The fight against the scourge of sexual violence has been aided by the expansion of the Thuthuzela Care Centre footprint across the country, from 55 in 2020/21 to 64 currently. The TCCs provide comprehensive services and support to victims of sexual violence,” said Tyali.
In a separate case, the Mbizana Regional Court sentenced four men to sentences ranging between four and 15 years for offences related to traditional circumcision.
Non-registered traditional surgeon, Yongama Mdludla, 21, was sentenced to 15 years after pleading guilty to contravening the Customary Initiation Act 02 of 2021 and culpable homicide.
His accomplices, Yamkela Bentswana, 27, and Mihlali Khiphi, 24, were sentenced to eight years for their roles in the death of a 17-year-old initiate, Mvuyisi Dingile, in November 2023.
Mdludla was the principal of a non-registered initiation school in Mfuleni location in the district of Mbizana.
He accepted six boys without medical certificates, as required by the act, including the victim.
After they were circumcised by the non-registered traditional surgeon, Bentswana and Khiphi came to assist Mdludla to look after the initiates.
The victim started to hallucinate at night. All three accused started to assault him with hands and sticks until he died at the initiation school. The cause of death, according to the post-mortem, was severe assault.
A day before the sentencing of the three men, the same court sentenced Luthando Madikizela, 33, to eight years, four of which were suspended for four years, for the same contravention of the Customary Initiation Act 02 of 2021.
Madikizela also pleaded guilty, accepting that as a registered traditional surgeon he was approached by the principal of an illegal initiation school, Mdudla, who requested him to circumcise four underage boys. He agreed and proceeded to circumcise the young boys.
Arguing for an appropriate sentence, senior public prosecutor Nkululeko Mathenjwa argued for harsh sentences, stating that the death of initiates at the hands of reckless bogus traditional surgeons and nurses had reached epidemic proportions that called for equally harsh sentences to serve as a deterrent.
Magistrate Zanekhaya Gxarisa agreed. The Eastern Cape Director of Public Prosecutions, Barry Madolo, commended all involved in the successful prosecution, adding that the sentences were a clear indication that the courts are taking traditional circumcision-related cases seriously.
The Star