The Mthatha Regional Court sentenced a man (41) to two life terms, and an additional 20 years, convicting him on two counts of rape, and two counts of sexual assault, last week.
Spokesperson for the National Prosecuting Authority (NPA), Luxolo Tyali, said the name of the convicted man has been withheld to protect the identities of the victims, his daughter and his sister’s daughter.
He said that the crimes were committed on diverse occasions over several years, but he was indicted on two counts of rape and two counts of sexual assault for which the court sentenced him to life on each count of rape, and 20 years on each count of sexual assault.
“During 2013 and 2014 the man stayed in a rented one-room flat in Mandela Park near Mthatha with his wife and daughter who was nine years old by then. The family’s sleeping arrangement was that the father and mother slept on the bed, while the girl slept on the floor. When the mother would leave for work in the morning, the unemployed father would invite the girl to his bed and rape her, before threatening to kill her and her mother if she told anyone about the rapes,” said Tyali.
He added that his niece (13) came to visit in 2020, and one night when the man’s partner had been drinking and had passed out, he went to join the children on the floor and molested them..
Tyali said that a few days later, he raped the two girls, forcing them to watch while he raped the other. According to him, he threatened the niece that he would wipe out their entire family if she told anyone about the rape.
“When his daughter matriculated and went to university in 2023, she reported what had been happening to her mother, and they immediately left the residence they shared with the perpetrator and went into hiding, before opening a case with the police.
“He kept on calling the mother on the phone enquiring about their whereabouts, and begging her to come back home,” said Tyali.
He said she agreed, but returned with the police who arrested the father, who was consequently denied bail.
He added that during trial the man claimed that he was being framed by his daughter, because he had caught her with a boy.
Magistrate Shylock Ndengezi found the man to be a “pathetic witness”, who denied knowing everything but his name. The court agreed with Control Prosecutor Fumanekile Kandile that the only deserving sentence for the heinous crimes is life imprisonment.
“The court ordered the 20 year imprisonment terms to run concurrently with the life terms.”
Eastern Cape Director of Public Prosecutions, Barry Madolo, commended the prosecutor and the investigating officer for ensuring justice is served for the young women who had fallen prey to someone who was supposed to protect them.