CONVICTED FACEBOOK RAPIST GETS LIFE IMPRISONMENT, ON APPEAL
10 JULY 2025
CONVICTED FACEBOOK RAPIST GETS LIFE IMPRISONMENT, ON APPEAL
The National Prosecuting Authority in KwaZulu-Natal welcomes the Durban High Court’s decision to impose a life sentence on Philani Siyabonga Ndwandwe after the state took his 2023 rape sentence on appeal.
Between July 2018 and April 2020, Ndwandwe engaged the complainants on Facebook and promised them employment. He would then meet each of the complainants at a specified location in the Amaoti and Congo areas where he would accompany them further. En route, he would force them into a bush/roadside and rob them at knifepoint and rape them.
Following his appearance in the Ntuzuma Magistrates’ Court, Ndwandwe pleaded guilty to the five counts of rape and was sentenced to 15 years imprisonment on each count.
Two of these rape counts attracted the minimum sentence of life imprisonment because one of the complainants was physically disabled and the other rape involved the infliction of grievous bodily harm. While the court did not find any substantial and compelling circumstances to deviate from the minimum sentence of life imprisonment, the court sentenced Ndwandwe to 15 years imprisonment on each count (including the ones that attracted life imprisonment).
Although Ndwandwe pleaded not guilty to the four counts of robbery with aggravating circumstances, the court convicted him on the charges, and he was sentenced to 15 years imprisonment on each count (effectively 15 years imprisonment). This resulted in the cumulative sentence of 30 years' imprisonment.
Aggrieved by the sentences imposed on the two rape counts which attracted the minimum sentence of life imprisonment, the erstwhile Chief Prosecutor of the Ntuzuma Cluster, Adv. Kistnasamy referred the matter to the office of the Director of Public Prosecutions in KwaZulu-Natal. Based on the merits, it was decided that the state would appeal the sentence. The state applied to the High Court for leave to appeal the sentences. This was granted, and the appeal was set down for 03 July 2025.
Representing the NPA, Adv. Kelvin Singh argued that the trial court was obliged to impose life imprisonment in terms of the minimum sentencing legislation for those two counts of rape where the minimum sentence of life was applicable. He told the court that the offences of rape violated the complainants’ constitutional rights as well as their rights to bodily integrity and humanity.
Singh quoted cases from the Supreme Court of Appeal (SCA), where the court had increased an accused's sentence from six years imprisonment to life imprisonment, asking that the appeal court employ the same principle in Ndwandwe’s matter.
Further quoting the SCA, Singh mentioned that rape is one of the most invasive and horrendous criminal acts, and that despite the minimum sentencing legislation, this crime is at unprecedented high levels in South Africa.
The Durban High Court agreed with the state’s argument, setting aside the 15 years imprisonment imposed on the two counts of rape and replacing them with life imprisonment.
The court highlighted the violence used on the complainants, the premeditation involved and the seriousness of gender-based violence as part of its judgment.
The imposition of the life sentence underscores the gravity of the crimes committed. Sexual offences will not be tolerated in our society and will be met with the full force of the law. The NPA is committed to fighting the scourge of gender-based violence. The continued collaboration with our SAPS counterparts is yielding positive results.
Issued by:
Natasha Ramkisson-Kara
NPA Regional Spokesperson
KZN Division
0716700229