High Court Imposes Life Sentences in Rape Case of Vulnerable Minor

14 APRIL 2025

High Court Imposes Life Sentences in Rape Case of Vulnerable Minor

Upington, Northern Cape - High Court of South Africa, Northern Cape Division sitting in Upington, has sentenced five accused individuals in a harrowing case involving the repeated rape of a minor girl between 2017 and 2020. The case, prosecuted by Advocate Mary-Ann Zureka Carmonita Engelbrecht from the Office of the Director of Public Prosecutions in Kimberley, highlights the brutality suffered by the child and the gravity of the crimes committed.

The complainant, who cannot be named to protect her identity, was just nine years old when she was orphaned and left destitute following the deaths of her mother and grandmother. Without adult supervision or support, she was vulnerable and frequently sought food and shelter within the community. During this period, the complainant was sexually assaulted by five adult men, some of whom were known to her. Two of the perpetrators, Waybril Gertse (41) and Graham Gertse (31), were her maternal uncles. The third accused, Vernit Priega (40), is the brother of her foster mother. Accused 4, Alfonsus (55), was a community member, and Accused 5, Andre Magerman (34), is the uncle of one of the complainants’ friends.

Despite initial inaction by her foster caregiver and teacher, the child courageously reported the abuse to an extended family member, which led to the involvement of the South African Police Service and the subsequent arrest of the accused. All five men pleaded not guilty, resulting in the complainant being compelled to testify.

The accused were each convicted of one count of Rape in contravention of Section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. The sentences imposed were as follows: Waybril Gertse (41) Life Imprisonment, Graham Gertse (31) Life Imprisonment, Vernit Priega (40) 25 Years Imprisonment, Alfonsus (55) 18 Years Imprisonment, and Andre Magerman (34) Life Imprisonment. Adv. Engelbrecht remarked that while the judicial process was lengthy and challenging, the convictions and sentences reflect the severity of the crimes and the compelling strength of the state's case".

This judgment underscores the National Prosecuting Authority’s resolute commitment to safeguarding the rule of law and upholding the principle of justice. It serves as a stern warning that such egregious violations will be met with the full might of the law. The NPA remains unwavering in its mission to ensure that justice is served for victims of Gender-Based Violence, and will continue to prosecute without fear, favour or prejudice. All cases of sexual violence encroach on the rights to dignity and privacy of the victims as enshrined in our constitution, hence the NPA aggressively prosecutes these cases.

Issued by:

Mojalefa Senokoatsane

NPA Regional Spokesperson

Northern Cape Division

Email: MSenokoatsane@npa.gov.za

Contact: 073 423 3539