Two men aged 62 and 24 years were sentenced to life imprisonment for each of the three counts of rape they were found guilty of.
The crimes were perpetrated in August 2023 in the Sokombo area of Ndwedwe, north of Durban, and sentencing took place at the Verulam Regional Court.
On August 25, 2023, the complainant, 26, and her friends had been at a tuck shop near her home, drinking alcohol, said Ramkisson-Kara, regional spokesperson for the National Prosecuting Authority (NPA).
“The two accused were also at the tuck shop, sitting away from the complainant and her friends. She knew the men as they were related to her.
“At some stage, the complainant and her group decided to leave the tuck shop and move to another homestead, as it became too windy where they were sitting. They stayed at this other homestead until late. While at this homestead, the complainant fell asleep and when she awoke, she saw that her friends had left, and it was around 11pm. She then decided to make her way home. On her way, she noticed the two accused walking towards her, and she greeted them when they got nearer,” said Ms Ramkisson-Kara.
When they got close enough, they grabbed her hand, and in her attempt to break free from them, she fell to the ground. They then took turns to rape her, following which one of them inserted a sharp object into her anus. The accused then fled the scene, leaving the complainant lying on the road. The complainant reported the matter to the police, and she was taken to the Phoenix Thuthuzela Care Centre (TCC) for medical and psycho-social assistance. The accused were arrested the following day, said Ms Ramkisson-Kara.
In court, the men did not dispute seeing the complainant at the tuck shop on the evening of the incident. However, they said that they left the tuck shop and went home.
“In the state’s case, prosecutor Winile Shangase led the evidence of a medical report, as well as the testimony of the doctor who examined the complainant after her ordeal. The court heard that the complainant had to undergo surgery due to the injuries she sustained during the rape. Further, the complainant was able to describe the clothing that the men were wearing that night. The complainant also told the court that there was a source of light from a nearby house, enabling her to identify the accused,” said Ms Ramkisson-Kara.
In aggravation of the sentence, Ms Shangase handed in a Victim Impact Statement compiled by the complainant. In her statement, the complainant said that even though she had consumed alcohol, she did not deserve to be violated. She said that she hoped the men learned to treat all women with dignity. She added that they had ruined her life, and she did not wish to see them ever again.
Ms Ramkisson-Kara said the men were sentenced to life imprisonment for each of the three counts of rape. Since the court ordered that the sentences run concurrently, they will serve an effective term of life imprisonment each. They were also declared unfit to possess a firearm.
“The NPA welcomes the successful finalisation of this matter. As the country commemorates the 16 Days of Activism of No Violence Against
“Women and Children campaign, we hope that sentences of this nature serve as a deterrent to like-minded individuals. The NPA and our partners in the Justice Cluster are steadfast in our pursuit of justice on behalf of the victims of crime,” said Ms Ramkisson-Kara.
