UNCLE SENTENCED TO 20 YEARS’ IMPRISONMENT FOR RAPING 10-YEAR-OLD NIECE IN BOSCHFONTEIN

14 July 2025

UNCLE SENTENCED TO 20 YEARS’ IMPRISONMENT FOR RAPING 10-YEAR-OLD NIECE IN BOSCHFONTEIN

Boschfontein, Mpumalanga – The National Prosecuting Authority (NPA) welcomes the 20-year imprisonment sentence handed down by the Boschfontein Regional Court to a 27-year-old man from KwaMhlushwa for three counts of raping his 10-year-old niece between 2019 and 2020. The court also ordered the accused’s inclusion on the National Register for Sex Offenders. It declared him unfit to possess a firearm, reflecting the NPA’s unwavering commitment to combating gender-based violence (GBV) and protecting vulnerable children.

Between 2019 and 2020, the victim, a 10-year-old girl, lived with her grandparents and the accused in the same household in KwaMhlushwa. On three separate occasions, the accused exploited the absence of the grandparents to rape the victim in his room. In one instance, he called the victim away from playing with a friend, undressed her, and raped her twice. The victim bravely disclosed the abuse to her grandmother upon her return, who promptly sought medical attention at a nearby medical centre. Medical evidence confirmed injuries to the victim’s private parts, and the South African Police Service was notified, leading to the accused’s arrest.

The accused pleaded not guilty, denying the allegations. State Prosecutor Joshua Sibeko presented compelling evidence, including the victim’s testimony, facilitated through intermediary services to minimise trauma, and a J88 medical report confirming the injuries. A Victim Impact Statement, compiled with Court Preparation Officer Lizzy Mhlongo, detailed the victim’s ongoing fear of men and a significant decline in her school performance due to the trauma. The court found the state’s witnesses credible, rejecting the accused’s defence as implausible and convicting him on all three counts of rape.

In aggravation of sentence, Prosecutor Sibeko argued that the accused abused his position as an uncle, betraying the trust placed in him as a family member meant to protect the victim. He urged the court to impose the prescribed minimum sentence of life imprisonment under Section 51(1) of the Criminal Law Amendment Act 105 of 1997, citing the profound impact of the crime. The presiding magistrate, considering the accused’s circumstances and the interests of justice, found substantial and compelling circumstances to deviate from life imprisonment. The court sentenced the accused to 20 years’ imprisonment for each count, ordering counts 2 and 3 to run concurrently with count 1, resulting in an effective 20-year term. The magistrate stated, “The accused’s betrayal of familial trust demands a severe penalty to protect society and deter such heinous acts.” The court also imposed firearm restrictions and sex offender registry inclusion.

The NPA commends the courage of the 10-year-old victim, whose disclosure, supported by her grandmother, ensured accountability. Mpumalanga Director of Public Prosecutions Mr Sonja Ntuli praised Prosecutor Joshua Sibeko and Court Preparation Officer Lizzy Mhlongo for their diligent work, stating, “This conviction reinforces the NPA’s resolve to pursue GBV perpetrators relentlessly, ensuring justice restores safety and dignity for victims.” The NPA’s partnership with Thuthuzela Care Centres (TCCs) provided critical psychosocial support to the victim, reflecting its victim-centric approach.

The NPA urges families and communities to remain vigilant, report abuse promptly, and support survivors through TCCs, which offer medical, psychological, and legal assistance. This case highlights the critical role of family members, like the victim’s grandmother, in recognising and addressing abuse. The NPA calls on South Africans to unite against GBV, fostering safe environments where children are protected, and their constitutional rights to dignity and safety are upheld.

Issued by:

Monica Nyuswa
NPA Regional Spokesperson
DPP Mpumalanga
Tel: 013 0450625
Cell:0764855446
Email: mnyuswa@npa.gov.za