MTHATHA – The Mthatha Regional Court has sentenced a 45-year-old man to life imprisonment for violently raping his wife in front of their minor daughter.
Spokesperson for the National Prosecuting Authority (NPA), Luxolo Tyali, stated that the court also sentenced the man to three years for assault, five years for violating a protection order, and four years for forcing a person to witness a sexual offence.
These latter sentences are to run concurrently with the life sentence.
“Before the incident, the couple and their three children resided at their home in Kwa Tshemese village near Mthatha. A history of domestic violence led the wife to apply for a protection order against the husband.
“The court granted the order on 23 November 2022, prohibiting him from assaulting his wife or exposing their children to domestic violence,” said Tyali.
On the evening of 1 January 2023, the intoxicated husband requested his wife to join him in a separate house on their homestead. When she refused, he left in anger.
Anticipating further violence, the mother and her children locked the doors and retreated to the bedroom.
The man later returned with a garden spade, broke into the house, forced his way into the bedroom, and pushed his wife into the living room. There, he demanded that she undress to have intercourse.
“When the wife refused, he brutally assaulted her with the sharp end of the spade, causing severe head and body injuries. He then proceeded to rape her in the presence of their daughter. When the daughter attempted to intervene, he also assaulted her,” said Tyali.
The mother and daughter managed to flee and sought medical attention. The wife required hospitalisation for a week and received counselling at the Mthatha Thuthuzela Care Centre (TCC).
The man evaded arrest until May 2023, when police apprehended him at his residence, where he was reportedly attempting to reconcile with his wife.
During the trial, the accused pleaded not guilty, denying all charges without providing any reasonable explanation. However, State Advocate Luvuyo Komanisi presented compelling evidence, including testimonies from the mother and daughter, as well as medical reports detailing the injuries inflicted by the man.
Victim impact statements, facilitated by Court Preparation Officer Ziyanda Fambaza, were also submitted.
The court found no mitigating circumstances for deviating from the prescribed minimum sentences. The man was described as unrepentant and unremorseful.
Welcoming the sentence, Eastern Cape Director of Public Prosecutions, Barry Madolo, commended the collaborative efforts of the police, TCC, CPO, and the prosecutor.
“This case demonstrates our commitment to removing perpetrators of gender-based and domestic violence from our communities,” said Madolo.
