Byline: Refeloe Letsoisa
05 September 2024
The Bethal Regional Court imposed hefty sentences on four accused aged between 19 and 35 for ten (10) counts of offenses on Wednesday, 04 September 2024.
The convictions arose from a terrifying incident that occurred in Bethal on 17 June 2022, whereby four suspects were arrested on allegations of murdering a Nigerian man, aged 25, as well as for gang raping two women, aged between 27 and 35, of whom one was six months pregnant. Out of the four accused, two were arrested while they were minors.
During the court proceedings, an investigation by the police, comprising Detective Xolani Khuzwayo of Bethal general detectives and Sergeant Palesa Tsoaelo of Secunda FCS (Family Violence, Child Protection, and Sexual Offences), revealed that on that fateful night (Friday, 17 June 2022) a group of about four males reportedly had an altercation with the man who then ran towards a local fuel station in Bethal. It is further alleged that the man was pursued by the suspects, thereby stabbing him several times before they left him in a pool of blood after he was alerted by his girlfriend about the gang planning to rape her after raping one of the women at the house where she was staying with.
The court was informed that after the matter was reported to the police, a seventy-two (72)-hour activation plan was activated, and the team comprising of Bethal Detectives, Bethal Vispol members, Emzinoni detectives, Secunda CIG, as well as Bravo Security Company in Mzinoni took part in the operation, which yielded positive results where four suspects were arrested in Emzinoni for the murder and rape.
In the evidence presented, the court learnt that the accused, Sunday Sibiya, 26, and Mkhanyiseni Sibusiso Ncamu, 27, were linked with DNA (deoxyribonucleic acid), which matched the ones found in the vaginal fluids of the rape victims, while Jaja Lephoto (20)’s DNA matched the ones extracted from a window seal at the scene of the crime, also on the knife used to kill the victim, and Phumlani Masoka (20)’s DNA matched the ones found on a face mask and blood stains on the knife found at the crime scene, with which the test was conducted by a qualified medical doctor.
Before the sentencing, the court stated that in terms of Criminal Law Amendment Act 105 of 1997, certain cases of murder must be punished with imprisonment for life, and all other cases of murder are subjected to minimum imprisonment sentences.
It further stated that the sentences are laid down in schedules that are part of the Act. The Magistrate added that the court may only depart from the prescribed sentences if substantial and compelling circumstances exist to justify the imposition of sentences that are shorter than the minimum sentences. A court is justified in giving a shorter sentence if the imposition of the minimum prescribed in one of the schedules would result in a punishment that is disproportionate to the crime that was committed, to the legitimate needs of society, or even disproportionate to the criminal himself/herself.
With regard to the rape offences, the court stated that there is a substantial difference between mere submission and real consent. Rapists often use violence or threats of violence to overcome the victim’s resistance or to prevent him/her from resisting the unwanted sexual penetration. However, it is not necessary to prove that the accused used violence or that the complainant offered resistance.
As long as it is clear from the circumstances of the case that complainants only submitted because of their fear of the accused, the submission does not constitute evidence of consent. Similarly, where the rapist abuses power or authority to achieve sexual penetration, consent will be absent. The court elaborated that if the victim submits to the act of sexual penetration because she believes that the accused might beat her up, lock her up, or otherwise harm her, the accused will be guilty of rape.
After all the evidence and testimonies presented to court by all witnesses, the magistrate made a ruling and sentenced the accused.
Accused 1 and 2 (Sunday Sibiya and Mkhanyiseni Sibusiso Ncamu) were sentenced as follows:
Count 1: Murder = 15 years imprisonment
Count 2: Rape = life imprisonment
Count 3: Robbery with aggravating circumstances = 15 years imprisonment
Count 4: Rape = life imprisonment
Count 5: Rape = life imprisonment
Count 6: attempted murder, and Count 7: robbery with aggravating circumstances = 4 years imprisonment.
The court ruled that sentences should run concurrently.
Accused 3&4 (Jaja Lephoto, 20 and Phumlani Masoka, 20) were sentenced as follows:
Counts 1, 2, 3, 4,5 = 10 years imprisonment
Counts 6&7=4 years imprisonment
Counts 8&9= 7 years imprisonment
Regarding the sentence of Jaja Lephoto and Phumlani Masoka, the court considered them as youth and the possibility that they were influenced by the older accused; therefore, they were sentenced to a period of 20 years imprisonment.
