LIFE SENTENCES FOR REPEATED ABUSE AND NEGLECT OF A MINOR

The National Prosecuting Authority welcomes the sentence of life and 30 years imprisonment handed down by the Durban Regional Court to a 30-year-old man (accused 1) and his 30-year-old wife (accused 2) following their conviction on charges of attempted murder of a minor, child neglect, child abuse, and intimidation. Accused 2 was sentenced to a further term of life imprisonment and 20 years imprisonment for compelled self-sexual assault and two counts of attempted murder. The offences took place in the Welbadacht East area, outside Durban, where the accused were resident.

The complainant (who was 10 years old when the offences began) is the biological sister of Accused 2. The court heard that following the death of her mother, the complainant began living with Accused 1 and 2. The abuse began in 2021 and intensified and continued until 2023. On various occasions during this period, the complainant was beaten with a beer bottle until it broke, stabbed several times, and assaulted with a hammer, broomstick or vice-grip. She was further tied up, burnt with boiling water, and deprived of food. The complainant had to steal food to survive and when she did so, she was assaulted further. The abuse that the complainant was subjected to resulted in her losing her teeth and her hair. She was also prevented from attending school and Accused 2 would often lock the doors and gates depriving the complainant of her liberties and ensuring that she remained in the house trapped in the house.

Accused 2 further compelled the complainant to commit an act of self-sexual assault which was recorded. On a further occasion, Accused 2 doused petrol on the complainant, and two other relatives (the other two counts of attempted murder), threatening to set them alight.

The complainant eventually escaped through a bathroom window, during a power outage. She sought refuge at a neighbour’s house, and the police were contacted the following day. The complainant was taken to the RK Khan Thuthuzela Care Centre where she received the necessary medical and psychosocial support and assistance.

For the state, Adv Cheryl Pillay led the testimonies of several witnesses, including the complainant, the neighbour who assisted her and other relatives. The contents of the J88 form further detailed the medical evidence of the severe and prolonged abuse suffered by the complainant. The state also led the evidence of a clinical psychologist and two medical doctors who testified on the mental and physical state of the complainant respectively.

In aggravation of the sentence, Adv. Pillay handed in Victim Impact Statements facilitated by Court Preparation Officer Prudence Geraud. In her statement, the complainant said that she has suffered significantly at the hands of the accused. She has scars all over her body which serve as a reminder of the abuse she endured. She said that she is still dealing with issues of low self-esteem and anger. One of the complainants in the attempted murder charges also compiled a VIS detailing the trauma she experienced as a result of the offence.

Accused 1 and 2 were sentenced as follows: life imprisonment for attempted murder of a minor, 10 years imprisonment each, on each of the counts of child neglect, child abuse, and intimidation. Additionally, Accused 2 was sentenced to life imprisonment for the compelled self-sexual assault, and 10 years imprisonment on each of the two counts of attempted murder against the two other complainants (the relatives).

The court declared both accused unfit to possess a firearm and ordered that their names be entered into the National Register for Sex Offenders.

The NPA remains steadfast in its commitment to combating sexual and gender-based violence. This effort continues to be strengthened through the expansion of the Thuthuzela Care Centre (TCC) network across the country, which has grown from 55 centres in 2020/2021 to 66 centres currently operational nationwide. These centres provide integrated medical, legal, and psychosocial services to victims of sexual offences and play a critical role in supporting survivors and strengthening prosecutions.

Issued by:

Natasha Ramkisson-Kara

NPA Regional Spokesperson

KZN Division