NPA SECURES FOUR LIFE SENTENCES FOR KOMANI SERIAL RAPIST

The National Prosecuting Authority (NPA) has secured four life imprisonment sentences against a serial rapist whose sexual offences span more than a decade. The Komani Regional Court convicted and sentenced Khaya Masiba (41) after DNA evidence linked him to four rapes committed in and around KwaMlungisi Township, Komani, including the rape of his former girlfriend and the mother of his child.

The court heard that Masiba's criminal conduct began on 08 June 2013, when he attacked his then 32-year-old former girlfriend while she was walking home with her sister. He assaulted and stabbed her with a screwdriver. When the sister attempted to intervene, she was also assaulted. Masiba then dragged the victim to his home, where he ignored attempts by his brother and a friend to stop him. Fearing for her safety, the victim complied with his demands and accompanied him to his room, where he raped her. Due to circumstances known only to her, she did not immediately report the incident.

On 01 March 2014, Masiba, together with an unidentified accomplice, attacked a 29-year-old woman whose husband's vehicle had broken down. The husband was heavily intoxicated, and the victim had left him in the vehicle while seeking assistance. The attackers accosted her, severely assaulted her, and took turns raping her. At the time, the victim did not know the identities of her attackers. She subsequently reported the matter to the police, and DNA samples were collected.

The court further heard that on the night of 29 August 2015, a 25-year-old woman was on her way to visit her boyfriend when she was approached by three men. One of the assailants remarked, "Here is a jackpot, brothers," before the group assaulted her. One of the men raped her while the others stood guard. A passerby who heard her screams intervened, causing the attackers to flee. The victim was subsequently assisted to a police station, where she reported the offence.

In the fourth incident, which occurred on 02 October 2015, the victim had consumed alcohol earlier that evening and was asleep in her room when she awoke to find an intruder on top of her. The attacker strangled her, struck her with a hard object, and raped her before fleeing through a window. She immediately reported the incident to the police.

The case remained unresolved for several years until a breakthrough occurred when the complainant in the second incident encountered Masiba in her neighbourhood and identified him to police as one of her attackers. Following his arrest, his former girlfriend also came forward and reported her assault, stating that she finally felt safe enough to do so. After his arrest, Masiba escaped from lawful custody but was recaptured after two years. At some stage, the case was struck off the roll because some witnesses could not be traced.

During the re-enrolled trial, Regional Court Prosecutor Thembelani Stayile presented evidence from witnesses who received the victims' first reports after the attacks, as well as DNA evidence linking Masiba to three of the rapes. In relation to the rape of his former girlfriend, Masiba raised consent as a defence. However, the State successfully argued that the complainant's submission occurred within a context of violence, intimidation, and coercion, and therefore could not constitute genuine consent.

Magistrate Siphiwe Mdyongolo agreed with the State's submissions and found that no substantial and compelling circumstances existed to justify a deviation from the prescribed minimum sentence of life imprisonment. The court imposed four life sentences, which will run concurrently.

Welcoming the outcome, Eastern Cape Director of Public Prosecutions, Adv. Samkelo Mtwana, commended Prosecutor Stayile for his persistence and meticulous presentation of evidence. He also thanked Investigating Officer Sergeant Yongama Mkhabile for conducting a thorough investigation that ultimately secured justice for the survivors.

The NPA remains steadfast in its commitment to vigorously prosecuting perpetrators of gender-based violence and ensuring that survivors are protected, supported, and afforded access to justice through the criminal justice system.

Issued by:

Luxolo Tyali

NPA Regional Spokesperson – Eastern Cape Division