Man who raped girl on way to school wants clar­ity on sen­tence

Observer on Saturday - - News -

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.

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