TWO LIFE TERMS AND 10 YEARS' IMPRISONMENT FOR RAPE, ASSAULT, AND KIDNAPPING

The National Prosecuting Authority (NPA) welcomes the sentence of two life terms and an additional 10 years’ imprisonment handed down by the Bethal Regional Court to Xolani Manuel Nkosi (35) for two counts of rape, kidnapping, and assault with intent to do grievous bodily harm committed against a 17-year-old girl. The offences occurred in Emzinoni on 23 August 2023. The victim was walking home with a friend when they encountered the accused. He invited them to spend time with him. After the victim’s friend left, Nkosi followed the victim, produced a firearm, assaulted her, and threatened to kill her. He forcibly dragged her to his residence in Emzinoni, where he detained her overnight.

During the captivity, the accused raped the victim by inserting a beer bottle into her vagina and pouring its contents inside her. He also compelled her to perform oral sex before releasing her the following day.

The victim immediately reported the incident to her mother and grandmother upon returning home. She was taken for medical examination, and the matter was reported to the police. She later identified the accused, leading to his arrest. The accused pleaded not guilty, claiming the sexual acts were consensual and that he was in a romantic relationship with the victim. State Prosecutor Brilliant Khoza, assisted by Prosecutor Thabani Mkhabela, presented strong evidence, including Testimony of the victim, First-report witnesses, the investigating officer and the J88 medical report confirming severe injuries consistent with the victim’s account. The court found the state witnesses credible and rejected the accused’s version as improbable. The State proved its case beyond a reasonable doubt.

During sentencing, the state emphasised the prevalence of rape and gender-based violence in South Africa and called for a deterrent sentence. The court found no substantial and compelling circumstances to deviate from the prescribed minimum sentences.

Nkosi was sentenced as follows: two life terms for the two counts of rape,5 years’ imprisonment for kidnapping, and 5 years’ imprisonment for assault with intent to do grievous bodily harm. The court additionally declared the accused unfit to possess a firearm and ordered his particulars to be entered into the National Register for Sex Offenders.

This sentence reinforces the NPA’s commitment to holding gender-based violence offenders accountable and delivering justice for victims.

Ends

Issued by:

Monica Nyuswa

NPA Regional Spokesperson

DPP Mpumalanga