DNA BREAKTHROUGH LEADS TO LIFE SENTENCE FOR WELKOM MAN IN COLD CASE RAPE

Welkom, Free State – The National Prosecuting Authority (NPA) welcomes the conviction and sentencing of 48-year-old Mzimkhulu Binda by the Welkom Regional Court for housebreaking, rape, and kidnapping committed against a 21-year-old woman in a case that remained unsolved for years until a DNA breakthrough linked him to the crime.

The court sentenced Binda to three years' direct imprisonment for housebreaking with intent to commit an offence, life imprisonment for rape, and five years' imprisonment for kidnapping.

The court ordered that the sentences for housebreaking and kidnapping run concurrently with the life sentence for rape, resulting in an effective sentence of life imprisonment.

Evidence presented before the court revealed that on the night of the incident in 2006, the victim was asleep at her residence with two minor children when she awoke to find a shadow standing over her bed.

The perpetrator, whose face was concealed by a balaclava, pepper-sprayed her before dragging her into the living room. Armed with a knife, he threatened and raped her. He then forced her from the house and into an abandoned container in an open field opposite her residence, where he raped her a second time while continuing to threaten her with the knife.

After the ordeal, he returned the victim to her residence and fled the scene.

The victim immediately reported the matter to the police, and a forensic medical examination was conducted during which DNA samples were collected. At the time, the perpetrator was unknown to the victim and remained unidentified for several years.

In 2022, Binda's DNA profile was captured following his arrest in an unrelated matter. Subsequent forensic analysis matched his DNA profile to evidence collected in the 2006 rape case, leading to his arrest and prosecution.

During the trial, Binda denied the allegations and claimed that he and the complainant had been in a romantic relationship and that the sexual intercourse had been consensual.

Following extensive cross-examination and consideration of all the evidence, the court rejected his version as false and found him guilty on all counts.

In aggravation of sentence, State Prosecutor Ms Kekeletso Mathoka argued that the accused had shown no remorse for his actions, had lied to the court, and posed a danger to society. She submitted that life imprisonment was an appropriate sentence given the seriousness of the offences and the circumstances of the case.

The court agreed and imposed the prescribed sentence of life imprisonment.

The NPA commends Investigating Officer Detective Sergeant Pontsho Mokoena for her dedication and perseverance in ensuring that justice was ultimately served. The successful prosecution underscores the crucial role of forensic science and DNA technology in resolving serious crimes, even years after their commission.

The NPA remains committed to ensuring that perpetrators of gender-based violence and sexual offences are held accountable, regardless of how much time has passed since the crimes were committed. This conviction serves as a reminder that advances in forensic investigation continue to strengthen the criminal justice system's ability to secure justice for victims and survivors.

Issued by:

Mojalefa Senokoatsane

NPA Regional Spokesperson

Free State Division