23 YEARS DIRECT IMPRISONMENT FOR RAPE OF MINOR
The Ntuzuma Regional Court sentenced a 65-year-old man to an effective 23 years imprisonment for the rape and sexual assault of a minor in the Amatikwe area, in Ntuzuma. The man was the building manager at the building in which the girl and her family lived. From some time in 2019 until October 2020, the man would call the child into his office under the pretense of giving her sweets. There he sexually assaulted her and raped her on one occasion. She eventually disclosed the incidents to her mother, after her mother saw her coming out of the office and asked her why she was in there. The child was taken to the Phoenix Thuthuzela Care Centre (TCC) where she received the necessary psycho-social services, counselling and support. The man was arrested immediately.
In court, the State Advocate, Naushaad Harripersadh led the evidence of the child, her mother and a medical doctor. Harripersadh also handed in a Victim Impact Statement compiled by the child, and facilitated by Court Preparation Officer, Senziwe Mthethwa. In her statement the child said they had to move to another home following the incident. She also said that her peers made fun of her and blamed her for what had happened.
During sentencing proceedings, the man was sentenced to 15 years imprisonment for rape and 8 years imprisonment for sexual assault (all taken as one for the purpose of sentencing). The court deviated from the minimum sentence of life imprisonment for rape, saying that the man is elderly. However, the court ruled that the sentences run consecutively, thus resulting in an effective sentence of 23 years imprisonment.
A further court ruling was that his name be included in the National Register for Sex Offenders and the National Child Protection Register of people who are unsuitable to work with children. He was declared unfit to possess a firearm.
The man made an application for leave to appeal his sentence, which was opposed by the state. The court refused his application.
