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Eastern Cape father sentenced to two life terms for raping 12-year-old daughter

NPA praises brave grandmother who reported her own son to protect abused child

SummaryOpen the quick read
  • A 37-year-old man was sentenced to two concurrent life terms by the Bhityi Regional Court for raping his 12-year-old daughter.
  • The abuse came to light after the girl disclosed it to her grandmother, who immediately opened a criminal case against her own son.
  • During cross-examination, the accused altered his version multiple times and told the court that he did not care about the proceedings.
  • The Eastern Cape Director of Public Prosecutions commended the grandmother for putting the child first in a region where stigma often suppresses reporting.
  • The convicted father will be added to the National Register for Sex Offenders and declared permanently unfit to work with children.
A 37-year-old man, convicted of raping his 12-year-old daughter, was sentenced to two life terms by the Bhityi regional court near Mthatha on Friday.
A 37-year-old man, convicted of raping his 12-year-old daughter, was sentenced to two life terms by the Bhityi regional court near Mthatha on Friday. Picture: File

LULAMILE FENI

A 37-year-old man, convicted of raping his 12-year-old daughter, was sentenced to two life terms by the Bhityi regional court near Mthatha on Friday.

The sentences will run concurrently.

NPA spokesperson Luxolo Tyali said the case was one of the most disturbing Eastern Cape courts have dealt with this year, because the abuse happened inside the home by a parent who was supposed to protect their child.

He said the NPA welcomes such a court outcome because it reaffirms the commitment to holding perpetrators accountable and restoring dignity to victims.

"Through strong collaboration with investigators, medical experts, and Thuthuzela Care Centres, justice can and will continue to be served," Tyali said. 

The victim disclosed the abuse to her grandmother and was taken to a clinic where it was established that she had been sexually active. 

She subsequently revealed that her father had raped her. Her grandmother then opened a criminal case against her own son.

It is a decision that Tyali said took immense courage, for a mother to report her own son to protect her granddaughter.

The accused pleaded not guilty, claiming that he had merely slept next to the complainant.

But during cross-examination by acting regional court prosecutor, Anelisiwe Rwaxa, he changed his version several times.

In aggravation of sentencing, the state submitted that the offence had fundamentally violated the child's sense of trust and safety, particularly because the perpetrator was her biological father and primary caregiver.

The court agreed, finding that there were no substantial and compelling circumstances to deviate from the prescribed minimum sentence of life imprisonment for each count of rape of a child.

Welcoming the sentence, the director of public prosecutions for the Eastern Cape division, advocate Samkelo Mtwana, commended the victim's grandmother for supporting her granddaughter and ensuring that the matter was reported. 

Mtwana said many child rape cases in the Eastern Cape never reach court because children are threatened or because family members protect the perpetrator to avoid shame.

In this case, the grandmother chose the child.

He said the sentence sends a clear message that perpetrators of gender-based violence will face the full might of the law, even if they are fathers, uncles, or trusted family members.

The Bhityi case is not an isolated incident.

In recent months, the NPA in the Eastern Cape has secured life sentences in several child rape cases, where the perpetrator was a family member or a person known to the child.

In Makhanda, a 48-year-old man was recently sentenced to life for repeatedly raping his 10-year-old niece.

In another case, a man was sentenced to life for raping his four-year-old niece.

Tyali said in those cases, the courts also found that the abuse of trust within the family aggravated the crime.

The NPA says the Thuthuzela Care Centres, which provide medical, counselling and legal support under one roof, have become critical in helping child victims testify.

In the Bhityi case, the victim was supported through the court process, from her first statement to the clinical examination to her testimony in court.

The convicted father will be entered into the national register for sex offenders. He will also be declared unfit to possess a firearm and unfit to work with children.

Tyali urged parents, grandparents and community members to believe children when they report abuse and to report it immediately to police or to a Thuthuzela Care Centre.

"Through strong collaboration with investigators, medical experts, and Thuthuzela Care Centres, justice can and will continue to be served," he said.