By Jonk wa Mashamba
news@alexreporter.co.za
The Benoni Regional Court sentenced a man (36), from eThwatha to one life term for rape of a 5-year-old girl.
The magistrate also ordered that his name be added on the National Register for Sexual Offenders.
According to NPA spokesperson, Lumka Mahanjana ,the man was staying in the same yard as the victim at a shack behind her house, after the mother of the minor offered him a place to stay when he was homeless.
Mahanjana said, on 02 July 2019, while the mother was not at home, the man called the 5-year-old, together with her 6-year-old cousin to his shack.
“When the two minors got to the shack, he asked them to lie on top of the bed, but the 6-year-old refused and stood at the door.
“The man then proceeded to undress and rape the 5-year-old in the presence of her cousin. When the mother arrived, the cousin reported the incident.”
The mother took the minor to the doctor where it was confirmed that indeed the child was raped. She then went to the police to report the matter.
After investigations, the man was arrested on 06 July 2019 and has been in custody since.
In court, he pleaded not guilty to the charges. Through his attorney he asked the court to deviate from imposing the prescribed minimum sentence, because he has two children aged 16 and 18 that he needs to take care of.
The prosecutor, Refiloe Neluonde, read to the record the Victim Impact Statement prepared by the social worker, that the child suffered as a result of what the man did.
“The mother had to remove the shack because it reminded the child of what had happened and made her cry.
“Furthermore, the mother said the man took advantage of her kindness as she took him in when he was homeless.
“Neluonde told the court that the man committed a serious offence. Women and children constantly live in fear for their lives because of the surge of gender-based violence (GBV).
“Furthermore, the mother was paid by evil acts for showing kindliness. Therefore, she asked the court to impose a sentence of life imprisonment,” said Mahanjana.
Magistrate Bettina Pulane Maredi agreed with the state that the man committed a serious offence. In her sentencing, she emphasised that such offences of GBV are prevalent in our court jurisdiction and throughout South Africa.
“Moreover, women and children have constitutional rights to human dignity and bodily integrity. Therefore, she found no substantial and compelling circumstances to deviate from the minimum prescribed sentence.
“Director of Public Prosecutions, Advocate Sibongile Mzinyathi, welcomes the sentence and hopes that it will send a strong message that crimes against children and women are addressed decisively by the courts.
“He further thanked the good work done by the prosecutor and the investigation officer, Sgt Kaizer Koantle Mbele, that led to the conviction and sentencing,” said Mahanjana.
