CHILD RAPIST SENTENCED TO 25 YEARS IMPRISONMENT
21 July 2025
CHILD RAPIST SENTENCED TO 25 YEARS IMPRISONMENT
EAST LONDON - The East London Regional Court has sentenced 24-year-old Lundi Tsiba to 25 years' direct imprisonment for the rape of a 10-year-old girl in Mzamomhle township near Gonubie, East London, in November 2021. On the day of the incident, the victim, who is now 14 years old, was visiting friends when Tsiba called her into his shack. He was 20 years old at the time. He asked his companions to leave the shack, shut the door, made brief conversation with the child, and then proceeded to rape her.
After the incident, the victim got dressed and, on her way home, stopped at a nearby house where a traditional ceremony was taking place. There, she consumed brandy. By the time she arrived home, she was intoxicated. Her mother questioned her about where she had been, and she disclosed the incident. The matter was reported to the police, and the victim was able to identify both Tsiba and the scene. The accused was arrested the following day.
The child had been referred to Mdantsane Thuthuzela Care Centre (TCC), where she was examined by a forensic nurse who confirmed sexual penetration. A J88 medical report was submitted as evidence. A clinical psychologist assessed the child and recommended that she give evidence through an intermediary, which the court approved. The psychologist’s report further revealed that the child had previously been raped by her uncle when she was only three years old. At that time, she was severely assaulted by her mother for reporting the abuse, prompting intervention by social workers, who have since assumed responsibility for her care. Court Preparation Officer (CPO) Maki Menqe provided support to the child throughout the proceedings. The accused pleaded not guilty, claiming that the sexual activity was consensual and that he was unaware of the complainant’s age. The court rejected his defence and found him guilty on 25 June 2025.
In aggravation of sentence, Acting Regional Court Prosecutor Sinovuyo Sotomela argued that there were no substantial and compelling circumstances to justify deviating from the prescribed minimum sentence of life imprisonment. She highlighted that the child had endured multiple traumas in her short life and that the accused showed no remorse. Sotomela further emphasised that, in law, a child under the age of 12 cannot give consent to sexual intercourse, as they lack the developmental capacity to understand or appreciate the nature of the act. In this case, the victim plainly stated that she did not consent and that the accused did not ask for her consent. She said, “I just saw it happening.” The state argued that her testimony underscored why the law deems children of that age incapable of consent.
Although the court ultimately imposed 25 years' imprisonment, citing Tsiba’s youthfulness and potential for rehabilitation, it reinforced the seriousness of the crime, the vulnerability of the victim, and society’s interest in protecting children. Tsiba’s name has been entered into the National Register for Sex Offenders, and he has been declared unfit to possess a firearm.
Welcoming the sentence, the Eastern Cape Director of Public Prosecutions, Mr Barry Madolo, commended the investigating officer, prosecution team, and the staff at the TCC, intermediary and CPO for their professional handling of the matter. “This sentence sends a clear message that crimes of sexual violence against children will be met with the full force of the law. The victim showed immense bravery, and we are encouraged that justice has been served,” he said. “Children are among the most vulnerable members of our society — and those who prey on them must know that the law will protect them and punish those who harm them.”
The National Prosecuting Authority remains committed to protecting the rights of children and ensuring that perpetrators of sexual offences are held accountable.
Issued by:
Luxolo Tyali Regional Spokesperson – Eastern Cape Division
National Prosecuting Authority
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Enquiries: nmakupula@npa.gov.za | 068 268 2473