The Giyani Regional Court has sentenced a 31-year-old man from Phikela village to two life terms of imprisonment for raping his 10-year-old niece.
During the trial, the accused pleaded not guilty; however, the State presented compelling evidence detailing the chilling events that transpired on November 13, 2020, at the homestead where the victim lived with her family.
On that fateful day, the accused waited until the victim’s mother left the house. He then offered the victim food, requesting her to kneel while covering her face with his T-shirt. He subsequently committed oral rape against the child.
After this horrific ordeal, the accused left to visit a shop and, upon returning, found the victim sitting on the veranda. He then ordered her to go to his room, where he raped her again. When the victim’s mother returned home, the child bravely informed her of the sexual assault.
The accused was confronted but denied the allegations. The victim was taken to the clinic and later referred to Nkhensani Hospital, where medical examinations confirmed that she had been raped.
The National Prosecuting Authority (NPA) said State Prosecutor Maumela Tumelo Matshehla presented evidence from the victim, showcasing the undeniable truth of the two rapes committed by her uncle that day.
The prosecutor also submitted a J88 medical report, corroborating the victim’s testimony through forensic evidence provided by the doctor who examined her.
The NPA said during the sentencing proceedings, the State introduced evidence from a probation officer who assessed the impact of the ordeal on the victim and her mother. The officer noted how the incident adversely affected the victim’s educational performance and social life, a devastating consequence that reshaped their lives.
The prosecution emphasised the prevalence and seriousness of sexual offences in the region, supported by disturbing statistics that highlight alarming trends in violence against children.
In delivering the sentence, the presiding officer, Raguvhu Madzhiye, stated that the accused presented no substantial and compelling circumstances that would justify a deviation from the prescribed minimum sentence of life imprisonment.
Madzhiye characterised rape as an appalling crime that inflicts unimaginable suffering on victims, particularly when the victims are children. The magistrate noted the accused’s lack of remorse and affirmed that he deserved to be removed from society for a very long time.
The NPA on Tuesday welcomed the life sentences handed down to the accused. Director of Public Prosecutions, Advocate Ivy Thenga, expressed hope that this ruling will serve as a deterrent to potential offenders and reiterated the NPA’s commitment to protecting the rights of children. She praised the diligent work of Prosecutor Maumela, and all stakeholders involved in achieving this outcome.
Meanwhile, the Western Cape High Court has sentenced Daniel Hugo Smit to effective life imprisonment following his conviction on attempted murder, kidnapping, murder of 13-year-old boy, Jerobijn Van Wyk, violation of his corpse and defeating the administration of justice.
Judge Hayley Slingers sentenced Smit to 15 years direct imprisonment for attempted murder, 10 years direct imprisonment for kidnapping, life imprisonment for murder, five years direct imprisonment for violating a corpse, and three years direct imprisonment for defeating the administration of justice. The court ordered the sentences to run concurrently and the accused to serve two-thirds of his sentence before he could be considered eligible for parole.
Judge Slingers declared him unfit to possess a firearm in Section 103 of the Firearms Control Act, Act 60 of 2000. “The murder of the 13-year-old boy sent shock waves due to the gruesome way he was killed.”
According to a report published earlier this year by Statistics South Africa, crime against minors is a serious problem in the nation.
The Statistics South Africa’s Child Series Volume II: Crime Against Children report, between 2015–16 and 2019–20, stated that the number of child rape cases rose by 6.3% points, while the number of common assault and assault with grievous bodily harm (GBH) cases fell by 2.1 and 3.5 points, respectively. Additionally, there was a 1.4% increase in child sexual assault cases.
The Star
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