Mpumalanga man gets life in jail for gang rape
According to the NPA provincial spokesperson, Monica Nyuswa, the incident occurred on the night of March 22, 2022.
Nyuswa said the convict and his co-accused, who has already been convicted after pleading guilty, approached two women and a man, threatened them with a knife, and robbed the man of his cellphone.
'The man and one of the women managed to escape, but the convict and his accomplice proceeded to take turns raping the other woman before fleeing the scene. The matter was reported to the police, and both accused were traced and arrested shortly thereafter,' Nyuswa said.
The second accused did not plead guilty in court, claiming that he was coerced by his co-accused into committing the crime.
However, the State prosecutor, Chané Rothman, presented compelling evidence from multiple witnesses, including the co-accused. A J88 medical report confirmed injuries to the victim's genitalia.
ALSO READ: Suspect arrested in connection with Dr Nondumiso Sibanyoni's murder
She said the court found the State's witnesses credible and rejected the accused's version of events.
'In aggravation of sentence, Rothman highlighted the seriousness and prevalence of rape in the community and the long-lasting emotional trauma suffered by the victim. A victim impact statement, facilitated by the court preparation officer, Faith Masango, detailed the severe psychological and emotional wounds the victim continues to endure,' Nyuswa said.
ALSO READ: Two dead in Shatale in murder-suicide
The convict was sentenced and declared unfit to possess a firearm in terms of Section 103 of the Firearms Control Act 60 of 2000.
At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
TimesLIVE
an hour ago
- TimesLIVE
State's corruption case against Mabuyakhulu and others in failed jazz festival project back on the table
A bid by the state to appeal against the discharge of ANC heavyweight Mike Mabuyakhulu and others charged with corruption in relation to the failed 2012 R28.5m North Sea Jazz Festival project is back on the table. The Supreme Court of Appeal (SCA) ordered the decision of KwaZulu-Natal high court judge Mahendra Chetty, dismissing the state's application for special leave to appeal, be referred to the SCA for reconsideration, and oral argument, including on the merits, if requested by the court. Mabuyakhulu — the ANC's provincial task team co-ordinator — and 15 others, including former economic development department head Desmond Golding, event organisers Ceaser Mkhize, Mabheleni Ntuli, Basil Ninela and his wife Brenda, Nothando Zungu, Ntokozo Ndlovu and Njabulo Mkhize — faced fraud, money-laundering and corruption charges relating to the festival. The state alleged the service providers were irregularly paid and the politicians received kickbacks. In May 2023, Chetty, in an application at the end of the state's case, effectively acquitted the accused without them having to put up a defence. This, he said, was because there was not a shred of evidence against them. In a 100-page ruling, which took three hours to read, Chetty went through each charge against each accused, noting the paucity of evidence against them, that in some instances the allegations were a 'stretch too far', and that a 'sniff of suspicion' was not enough in a criminal trial. In terms of law, the state can only seek to appeal against what it considers to be a misdirection by the trial court on questions of law, not questions of fact. In considering the application for leave to appeal to the SCA Chetty had ruled even if his judgment revealed he might have been mistaken in his assessment of the evidence the state could not appeal against this. He was not convinced there were reasonable prospects the SCA would find he had committed a mistake in law and it would lead to the accused in the matter being convicted. Mabuyakhulu, who was economic development and tourism MEC at the time, was charged with taking a bribe of R300,000 in return for the award of the contract to what became a joint venture. Chetty's ruling came after their lawyers applied for their discharge, in terms of section 174 of the Criminal Procedure Act, without having to put up a defence. This is done at the discretion of the judge at the close of the state's case in circumstances where the state has failed to prove its case and cannot secure a conviction without the accused having to testify and possibly incriminate themselves. On Friday, Natasha Ramkisson-Kara, KwaZulu-Natal NPA spokesperson said: 'The NPA welcomes the opportunity to argue its case before the SCA that the honourable judge Mahendra Chetty erred in law in discharging the accused, that there are reasonable prospects of success on appeal, and that there are compelling reasons for the appeal to be heard by the SCA. Prosecutors will continue to vigorously challenge any decision considered to be wrong in law using available legal remedies.'
IOL News
an hour ago
- IOL News
Taxpayers foot legal bill for SANDF members accused of DPCI investigator's murder
Defence Minister Angie Motshekga says her department will continue to provide legal assistance to 12 SANDF members charged with several charges, including the murder of DPCI senior investigator, Lieutenant Colonel Frans Mathipa, who was shot dead in 2023 while probing allegations the accused in the abduction of an Ethiopian businessman and suspected ISIS leader from the Mall of Africa. Image: SAPS Taxpayers are coughing up the legal costs for the 12 South African National Defence Force (SANDF) members who are facing multiple charges, including the murder of Directorate of Priority Crime Investigation's (DPCI) senior investigator, Lieutenant-Colonel Frans Mathipa. Mathipa was killed while he was investigating the abduction of two Ethiopian men, Abdella Hussein Abadiga and his bodyguard, Kadir Jemal Abotese, who were abducted and allegedly taken to Zwartkop Military Base, and their whereabouts are still unknown. This was disclosed by Defence Minister Angie Motshekga when she was responding to parliamentary questions from DA MP Chris Hattingh and Maliyakhe Shelembe. Motshekga said the legal costs were paid on the basis of the Defence Act which provides for legal representation for SANDF members. 'The SANDF has the authority to provide legal assistance to its members in certain circumstances. The 12 members of the SANDF facing charges related to the death of Lt Col Frans Mathipa are receiving State-funded legal assistance in accordance with the Defence Act, 2022. This assistance was made available from the outset of the legal proceedings,' she said. Asked about the legal cost incurred to date in providing to the accused SANDF members, Motshekga said the defence could not confirm the total costs as the court case was currently ongoing and legal proceedings still in progress. 'The department will continue to provide the necessary support and the final costs will be determined once the matter is concluded.' She would provide the estimated cost that may be incurred should the case proceed to full criminal trial. 'The cost will depend on various factors, including the duration of the trial, the number of witnesses, and the complexity of the legal arguments. As such it is not feasible to provide a reliable estimate of the total costs, including legal fees and other relevant expenses, at this stage,' Motshekga said. The members of the SANDF special operations unit were each granted R10 000 bail by the Randburg Magistrate's Court following their arrest last month following Mathipa's death in August 2023. The National Prosecuting Authority has indicated that it will appeal the court's decision to grant bail to the SANDF members facing serious charges that include murder, kidnapping, fraud, obstructing the administration of justice, making false statements under oath and theft of a motor vehicle. Asked if SANDF has a framework to guide the provision of legal assistance to members charged with serious criminal offences, Motshekga said the process of acquiring legal representation at the State's expense starts with an application by an individual to the department's legal services division. 'The request includes an acknowledgement and undertaking by the member that any expense incurred maybe recouped if it is subsequently determined that the member did not qualify for legal representation at State expense.' However, she said the SANDF policy on legal assistance may differ depending whether the proceedings are held in military or civilian courts. Motshekga said members facing charges in military courts may be entitled to legal representation provided by the SANDF's military defence counsel. 'For proceedings in civilian courts, the SANDF's members, guided by the Defence Act, may be provided with legal assistance under certain circumstances, such as when the member's actions were taken in the course of their duties.' She would not say how much her department spent on legal assistance for SANDF members over the past five years. Motshekga, however, indicated that SANDF has received 26 requests for legal assistance at State's expense during the past five years.
The Citizen
2 hours ago
- The Citizen
Mbombela business owner convicted of fraud
A 38-year-old woman has been sentenced to 36 months' imprisonment for fraud by the Mpumalanga Specialised Commercial Crimes Court in Mbombela on Tuesday, July 15. Philisiwe Miriam Pretty Lephoko, the sole director of Premax Trading 43 CC, was convicted under Section 276(1)(i) of the Criminal Procedure Act. Her company was also fined R100 000, a fine wholly suspended for five years on condition that she is not convicted of fraud or theft during this period. According to the National Prosecuting Authority's (NPA) provincial spokesperson, Monica Nyuswa, Lephoko submitted fraudulent Pay-As-You-Earn returns to the South African Revenue Service (Sars) in February 2019, resulting in an undue payment of R464 550.28 into the company's account. The fraud was uncovered during a Sars audit, leading to her arrest in 2023. ALSO READ: Secunda Regional Court sentences rapist to life for raping 8-year-old girl Nyuswa said Lephoko pleaded not guilty and claimed to be a victim of cybercrime. However, the court rejected this version. Advocates Ntwanano Singwane and Kutullo Nyakane presented oral and documentary evidence from Sars and the bank, detailing how Lephoko transferred R200 000 from the Premax account into her personal account. 'The court found the State's witnesses credible and reliable, and dismissed the accused's explanation as a theoretical defence with no substance,' said Nyuswa. ALSO READ: Two guests injured in road accident in Kruger National Park In sentencing, the court noted Lephoko showed no remorse and continued to shift blame despite overwhelming evidence. It also emphasised the prevalence of tax-related fraud and the need for a strong deterrent.
