Worcester:- The Worcester Regional Court sitting in Ceres has sentenced child rapist, Aphiwe Mpambani, to 25 years direct imprisonment after he grabbed a minor off the street in Nduli, Ceres, dragged her into his shack and raped her. 
He threatened to kill her if she told anyone about the rape.
The successful prosecution and sentence follow the State’s successful rebuttal of Mpambani’s claim that he, 18 years old at the time of the rape in 2019, and the minor who was 12 years old had a romantic relationship. State prosecutor Bradferd Newman asked the court to impose the prescribed minimum sentence of life imprisonment, but the court deviated from the prescribed minimum sentence due to the accused’s age when he committed the crime. The court also deviated because the accused had no previous convictions, had completed Grade 12, received a tertiary qualification in the interim of the trial and had a minor child.
The State led evidence that on the evening of 22 November 2019, the victim was with her friend on Thando Street, Nduli, Ceres, when the accused asked her to go with him. She refused and told him to leave her alone when he approached her. He grabbed her and pulled her to his shack. She tried to scream and fight back, but he kept her mouth shut with one hand whilst dragging her with the other. Inside his shack, he asked her to kiss him, but she refused. He slapped her in the face and forcefully undressed her. She tried to resist and fight back; however, he overpowered her and kept her mouth shut whilst he raped her without a condom. The rape lasted roughly 30 minutes, according to her, and he threatened to kill her if she told anyone about the incident.
The accused denied raping the minor claiming they were in a romantic relationship at the time. He claimed that it was consensual intercourse between them. In sentencing, the State argued that the accused dehumanised the victim at the time of the incident, where he saw her as a means for personal sexual gratification. He permanently deprived her of her innocence, dignity and bodily integrity due to his heinous actions towards her. The court agreed with the State that the victim’s quality of life, education, psychological well-being and overall self-image have been scarred for life due to his acts. The court highlighted that the accused had shown no remorse for his actions.
The Director of Public Prosecutions, Adv. Nicolette Bell committed that the NPA will continue with the fight against the scourge of sexual violence to provide justice and closure to victims and their families and remove violent criminals from the communities.
Issued by: Eric Ntabazalila – National Prosecuting Authority Regional Communications Manager – Western Cape
