ACCUSED SENTENCED TO 21 YEARS IMPRISONMENT FOR RAPE AND HOUSEBREAKING

20 June 2025

ACCUSED SENTENCED TO 21 YEARS IMPRISONMENT FOR RAPE AND HOUSEBREAKING

Kimberley, Northern Cape – The Kimberley Magistrates’ Court, sitting in the Sexual Offences Court, has convicted and sentenced Daniel Xebisile to an effective 21 years of direct imprisonment for rape and housebreaking with intent to steal and theft.

The sentence stems from a harrowing incident in the suburb of Riviera, Kimberley, where Xebisile and an accomplice broke into the home of two elderly women. During the break-in, Xebisile raped a 57-year-old woman in the presence of her 84-year-old mother. The accused were later traced and arrested through meticulous investigative work by the South African Police Service. The case against Xebisile’s co-accused has been separated and will proceed before a different magistrate.

Xebisile faced two charges: rape and housebreaking with intent to steal and theft. He was found guilty on both counts. The court noted the particular cruelty of the crime, committed in front of the victim’s elderly mother, and recognised both women as vulnerable due to their age and living circumstances. During sentencing, the prosecution called for a sentence that would reflect the gravity of the crime and send a strong message that the justice system will not tolerate violations of vulnerable members of society. Although the Criminal Law (Sentencing) Amendment Act prescribes a minimum sentence of 15 years for rape, the court imposed an enhanced sentence based on several aggravating factors.

A compelling Victim Impact Statement (VIS), prepared by Court Preparation Officer Lerato Modisane and presented by the State, outlined the psychological trauma and humiliation endured by the victim. This played a pivotal role in the court’s decision to increase the sentence.

The court sentenced Xebisile to18 years for rape and 3 years for housebreaking with intent to steal and theft. The sentences will run partially concurrently, resulting in an effective term of 21 years' direct imprisonment.
Additionally, the court declared the accused unfit to possess a firearm, ordered that his name be entered into the National Register for Sex Offenders and Invoked Section 299 of the Criminal Procedure Act, directing the Department of Correctional Services to allow the victim to make representations at any future parole hearing.

The National Prosecuting Authority (NPA) welcomes the conviction and sentence. Crimes of sexual violence infringe on victims’ constitutional rights to dignity, privacy, and security. The NPA remains resolute in its commitment to prosecute such cases with diligence and compassion, particularly when the victims are elderly or otherwise vulnerable. This sentence reaffirms the justice system’s duty to protect and uphold the rights of all citizens and reinforces the NPA’s unwavering stance against gender-based violence.

Issued by:

Mojalefa Senokoatsane
Regional Spokesperson
National Prosecuting Authority – Northern Cape Division
MSenokoatsane@npa.gov.za
073 423 3539