EASTERN CAPE - 2 GANG RAPE ACCUSED GET 15 YEAR SENTENCE FOR THE VIOLENT SEXUAL ASSAULT OF 20 YEAR OLD VICTIM

Eastern Cape Provincial Commissioner, Lieutenant General Liziwe Ntshinga today commended the investigating team on the successful prosecution meted out to rapist duo in the Alexandria Regional Court on Thursday 20/8.

The meticulous investigation by Constable Sandra Catherine of the Port Alfred Family Violence Child Protection and Sexual Offence Unit (FCS), to seek justice for innocent victims of crime paid off when gang rape duo, Sakhumzi Tyhutyhani (22) and Lithemba Quma (20) were sentenced to 15 years each for rape and Sakhumzi Tyhutyhani received an additional 3 years for assault with intent to cause grievous bodily harm.

On 03 February 2018 at approximately 00:15, the 20-year-old victim was walking with three men who were known to her. 

An argument broke out between them when one of them mentioned that he wanted to have sexual intercourse with an old lady. 

She tried to stop him from committing this horrific act, at which point he said to her that if he cannot sleep with the old lady, then she must sleep with him.

While the victim went to the bathroom to relieve herself, the two accused came to her and dragged her to a nearby walk way close to the house and took turns to rape her, whilst the third desperately tried to stop them but in vain. 

He ran off to summon a family member of the victim. 

Another person who was on crutches tried to stop her from being raped, Sakhumzi grabbed his crutches and hit the victim over the head. She later received 10 stitches on her head.

Both suspects were known by the complainant and their parents upon becoming aware of the incident attempted to mediate to have the case withdrawn. 

The suspects also presented themselves to the investigating officer after being on the run for a week and identified themselves. They were immediately arrested and appeared in court. 

The case was provisionally withdrawn pending forensic results.

Both accused were indicted to appear in court and shortly before the commencement of the trial Sakhumzi’s bail application was successful (he appeared whilst on bail), and Quma was arrested on two separate incidents of murder that took place in Nemato. 

These cases are still pending.

During a short interview with the investigating officer Constable Sandra Catherine, she said, “In this case and in many other similar cases I found that parents want to mediate the incident with the victim’s family and pay for damages. Rape is a serious violation of a person’s rights and as long as society believes that payment will suffice to evade the criminal justice system, gender based violence will continue. We will be breeding criminals who believe that their actions are totally acceptable. We need to stand firm and put an end to this mentality. I have had immense support from the office of the Director of Public Prosecutions. It is my mission and goal to fight for the rights of victims," she added.

“Investigators throughout the Province put in every effort to bring justice for victims of gender based violence whilst working with other Government Departments. Today I congratulate Constable Sandra Catherine of the Port Alfred Family Violence Child Protection and Sexual Offence Unit who persevered and sought justice for a 20 year old local resident. Although the life of this victim will not be the same, this sentence will hopefully bring a certain degree of closure and assist in the healing of this young woman,” added Lt Gen Ntshinga.

via - SAPS