Man who raped girl on way to school wants clarity on sentence
judgment issued by the court, stated that both attorneys for the parties are in agreement that the matter be referred back to the High Court to clarify the point.
“It is therefore incumbent on us to refer the matter back to the court a quo in order to comply with the statutory provisions and state its comprehensive reasons for sentence. It is also ordered that upon receipt of the above from the court a quo the matter be reenrolled for hearing in the Supreme Court early in the next session in 2019,” Judge Maphalala ordered with Judges Cloete and Annandale agreeing.
The appellant (Mamba) was tried and convicted by the Mbabane principal magistrate on two counts, one of rape with aggravating circumstances where he pleaded guilty and the other being common assault which he pleaded not guilty to.
The learned principal magistrate committed him to the High Court for sentencing in terms of Section 293 of the Criminal Procedure and Evidence Act (CPE) and in due course, Mamba appeared before High Court Judge Titus Mlangeni who enquired into the circumstances of the case as mandated by Section 293 (3) of the CPE and he thereafter examined the record of proceedings carefully.
Judge Mlangeni, when sentencing Mamba, stated that “of significance against this particular convict is his resolve, determination and persistence to commit the offence and his sick wish was achieved at the expense of the young, unsuspecting and innocent child who was on her way to school.”
In mitigation of sentence it, transpired that the appellant (Mamba) was a first offender and proceeded to set out his various personal circumstances.
In his judgment, Justice Mlangeni ordered that Mamba would serve 18 years in prison without an option of a fine and the sentence was backdated to June 2017 and in respect of count two, he was also convicted on the crime of common assault.
Justice Mlangeni observed that the circumstances of this offence clearly show that it was an attempt to rape the other child but she was lucky enough to outrun the prowler who then took advantage of the child who was on her way to school and on this count, he was sentenced to three years in prison without an option of a fine.
According to Justice Mlangeni during meeting out of sentence, courts of law are the ultimate beacon of hope for rape survivors and would be survivors and that without undermining other theories of punishment, the time has come for courts to advance deterrence through sentences that are demonstrably intolerant of the scourge of rape.