THE National Prosecuting Authority (NPA) has welcomed the sentence imposed by the Bityi Regional Court on Thamsanqa Kwanele Nhonho (31) who was convicted of housebreaking, kidnapping, and rape.
He was sentenced to life imprisonment.
On July 23, in Sithebe near Mthatha, a woman was sleeping in her home when the suspect forcefully entered with a knife and threatened to kill her.
The suspect dragged the woman to his homestead where he raped her twice.
Despite the severe trauma she endured, the woman reported the incident at the Bityi Police Station and the suspect was arrested, few days later.
He was denied bail and remained in custody until his conviction and sentencing.
During sentencing proceedings, State Prosecutor Anelisiwe Rwaxa emphasised the victim’s vulnerability she is disabled and walks with crutches and referred the court to S v Msimang and Another 2005 (1) SACR, which affirms that lengthy sentences serve both as a deterrent and as reassurance that the courts will protect victims of violent crime.
Rwaxa led evidence from the complainant, the first report witness, and the medical examination (J88).
“The accused claimed the sexual acts were consensual, but the State successfully disproved this version,” said NPA spokesperson Luxolo Tyali.
“In delivering judgment, the court rejected the accused personal circumstances as ‘flimsy’ and found no substantial or compelling factors to justify a deviation from the prescribed minimum sentence of life imprisonment,” he said. The Eastern Cape Director of Public Prosecutions Barry Madolo has welcomed the outcome and said: “Perpetrators of gender-based violence have no place in our society. It is imperative that they are put behind bars where they belong,” he said.
The suspect’s name has been entered into the National Register for Sex Offenders, and he was also declared unfit to possess a firearm.
The NPA commended the unwavering dedication of the prosecution team and the investigating officers whose efforts ensured that justice was served.
This sentence underscores the commitment of the criminal justice system to protect vulnerable persons and uphold the rights and dignity of victims of gender-based violence, NPA concluded.
