Mbabane – Machawe Ndzingane also known as uMbutfo ‘Sibhaca’ was convicted and sentenced to 15 years in prison without the option of a fine for rape charge laid nine years ago on a guilty verdict on Monday
He appeared before Principal Magistrate Fikile Nhlabatsi at the Mbabane Magistrate Court, who delivered the sentence, stressing on the duty of the courts to protect the dignity and freedom of women. Nhlabatsi said there would be no mercy to those who invade such rights.
The sentence was backdated to March 2016 after the arrest on January 24, 2016. Nine years ago, he paid bail. The court computed the times to account for the time Sibhaca has already spent in custody before posting bail.
Before delivering the sentence, Nhlabatsi cited South African criminal cases to highlight the severity of rape and the judiciary’s duty to protect victims. Referring to the 2013 case of Samson Mawela Madau who was convicted by the Limpopo High Court, she cited the Supreme Court of South Africa’s assertion that rape is “a degrading, humiliating and brutal invasion of a person’s most intimate private space.”
Persuaded by that case’s findings, she applied a similar principle to Sibhaca’s case, stating that his actions having unlawful sexual intercourse with the complainant while she was drunk were inhumane and degrading. The Magistrate noted that the complainant had the right to enjoy the peace and tranquillity of her home with her boyfriend, but Sibhaca exploited the fact that both were intoxicated.
The court also considered aggravating factors in the commission of the crime. The evidence showed that Sibhaca did not use a condom, thereby placing the complainant at risk of contracting HIV, AIDS, and other sexually transmitted infections. Nhlabatsi described his actions as appalling and utterly outrageous, noting that they amounted to a brutal invasion of the complainant’s most private space.
In further justification of the sentence, Nhlabatsi referenced the 1996 South African case S v. C, in which the court held that rape is one of society’s most heinous crimes: “The rapist does not murder the victim. He murders her self-respect and destroys her feelings physically and mentally and security.”
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