Durban — Three men have been handed heavy sentences for gender-based violence for separate incidents in KwaZulu-Natal.
Regional National Prosecuting Authority (NPA) spokesperson Natasha Ramkisson-Kara said: “The Verulam Regional Court sentenced two men aged 62 and 34 years to a term of life imprisonment for each of the three counts of rape they committed in August 2023 in the Sokombo area of Ndwedwe.”
Ramkisson-Kara said that on August 25, 2023, the victim, aged 26, and her friends were at a tuck shop near her home, where they were drinking alcohol. The two accused were also at the tuck shop, sitting away from the victim and her friends. She knew the men as they were related to her.
Later, the victim and her friends decided to leave the tuck shop and move to another homestead, as it became too windy where they were sitting. They stayed at the homestead until late. While at the homestead, the victim fell asleep, and when she awoke, she saw that her friends had left, and it was around 11pm.
She decided to head home and on her way, she noticed the two accused walking towards her. She greeted them as they approached.
When they got close enough, they grabbed her hand. 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 victim lying on the road.
The victim 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,” Ramkisson-Kara said.
She said that in court, the men did not deny seeing the victim at the tuck shop on the evening of the incident. However, they said that they left the tuck shop and went home.
Ramkisson-Kara said that in the state’s case, Prosecutor Winile Shangase cited evidence from a medical report and testimony from the doctor who examined the victim after the rape.
She said the court heard that the victim had to undergo surgery due to the injuries she sustained during the rape. Additionally, the victim was able to describe the clothing the men were wearing that night. She also told the court that a light from a nearby house allowed her to identify the accused.
Ramkisson-Kara said that in aggravation of the sentence, Prosecutor Shangase handed in a Victim Impact Statement compiled by the victim and facilitated by Court Preparation Officer Bongiwe Qwabe.
In her statement, the victim said although she had consumed alcohol, she did not deserve to be violated. She said she hoped the men learned to treat all women with dignity and added that they ruined her life, and she did not wish to see them ever again.
“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,” Ramkisson-Kara said.
She added that the NPA welcomed the successful finalisation of the matter. As the country commemorates the 16 Days of Activism for No Violence Against Women and Children campaign.
Meanwhile, in another trial, a security guard was sentenced to life and 10 years in prison for rape and sexual assault.
Ramkisson-Kara said the Empangeni Regional Court sentenced Ayanda Lembede, 37, to life and 10 years imprisonment for the rape and sexual assault of two children aged eight and nine years old, between 2021 and 2022 in Empangeni, northern KZN.
When Lembede committed the crimes he was a school security guard in the area, and the girls were pupils at the school.
Lembede threatened to kill the girls if they told anyone about his crimes but later one of the girls told her mother and the other girl spoke out too.
Ramkisson-Kara said Lembede was arrested after the girls’ parents reported the matter to the police.
The girls were taken to the Ngwelezane TCC for medical and psycho-social assistance.
Ramkisson-Kara said that in court, Prosecutor Lungisile Bhengu led the girls’ testimonies, their first reports (their mothers), the testimony of the doctor who examined them and the contents of the J88 form.
Additionally, the state handed in Victim Impact Statements, compiled by girls and facilitated by Court Preparation Officer Seneliso Sibanda.
One girl said the incident traumatised her mentally and emotionally and the other girl said following the incident, she could not focus on school and had to move to another school.
“Lembede was sentenced to a term of life imprisonment for the rape of one girl. While he was also charged with rape of the other girl, the court convicted him on the competent verdict of sexual assault. To this end, he was sentenced to 10 years imprisonment,” Ramkisson-Kara said.
“He was also declared unfit to possess a firearm. In addition, the court ordered that his name be entered into the National Register for Sex Offenders and that he be deemed unfit to work with children.”
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