Man Convicted of Kidnapping, Robbery, Assault, Raping Activist Fifteen Years Ago

26 March 2025

Man Convicted of Kidnapping, Robbery, Assault, Raping Activist Fifteen Years Ago

The High Court of South Africa, Eastern Cape Division, Gqeberha has sentenced Moses Gqesha (45) on all 12 counts he was indicted on by the state. The charges include kidnapping, robbery with aggravating circumstances, assault with intent to do grievous bodily harm, and multiple counts of rape and theft. Notably, Gqesha has a history of criminal behaviour, with previous convictions dating back to 1993, including housebreaking, theft and possession of drugs.

The crimes were committed on 09 December 2010, at King's Beach, Summerstrand, Gqeberha. The survivor, Gender-Based Violence activist and businesswoman, Andisiwe “Andy” Kawa, had gone to King's Beach, where she parked her vehicle and decided to walk along the beach. She noticed Gqesha and found him suspicious, but thought he had left. However, he suddenly appeared, chasing and catching her.

Gqesha robbed her of a diamond ring, bracelet, sunglasses, and cellular phone. He lost his balance when struck by a wave, and she managed to break free by kicking him. Gqesha then assaulted her with his fists, and she hit him back, causing him to injure his finger.

Gqesha produced a knife and a broken beer bottle, threatening to kill the woman and dump her body in the water. He instructed her to accompany him, and out of fear, she complied. He then raped her multiple times throughout the night.

The survivor eventually managed to escape and reported the matter to the authorities. She was taken to Humewood Police Station, where she was examined by a doctor, and forensic evidence was collected.

Gqesha was arrested in 2020, following a separate incident involving a stolen lawn mower. Forensic evidence consequently collected from Gqesha was matched to evidence collected from the 2010 rape survivor. The Senior State Advocate, Ismat Cerfontein, led the evidence of several witnesses, including Kawa, and presented compelling forensic evidence, leading to the conviction. Despite the overwhelming evidence, Gqesha denied all allegations, only admitting to stealing from her. He claimed unawareness of the other charges, which led him to plead guilty only to the theft count.

The matter has been postponed to 24 and 25 April 2025 for sentencing proceedings.

The National Prosecuting Authority (NPA) welcomes the successful conviction as a resounding affirmation of its unwavering commitment to combating crime and safeguarding the citizens of South Africa.

Issued by:

Luxolo Tyali
NPA Regional Spokesperson
Eastern Cape Division
Tel: 047 501 2630
Cell: 073 555 9292
Email: ltyali@npa.gov.za
Enquiries: nmakupula@npa.gov.za /068 268 2474