Malome Wa Loma: Uncle sentenced to life for raping 12-year-old niece

A 41-year-old uncle has been sentenced to life imprisonment for raping his 12-year-old niece on three separate occasions while she was living with her grandparents and older sister in Etwatwa, Benoni.

The man was also sentenced to five years’ imprisonment for assault with intent to cause grievous bodily harm. The Benoni Regional Court ordered the sentences to run concurrently.

In statement dated 10 November , NPA Pretoria spokesperson Lumka Mahanjana said the offences were committed between October 2019 and June 2021, when the child was staying with her grandparents.

The first incident happened in October 2019 during a wedding at the grandparents’ home.

The accused had attended the wedding and later that evening, the child went to the outside toilet. While she was inside, her uncle entered, closed the door and raped her.

He threatened to kill her if she told anyone about the incident.

The second and third incidents happened when the child was home alone while her grandmother was at work.

According to Mahanjana, the uncle would visit the house, close the door, push the child to the floor, rape her and assault her.

The abuse came to light in June 2021 when the child’s older sister became concerned about a change in her behaviour and asked her what was wrong.

The child then disclosed the abuse to her sister, who informed their grandmother. The grandmother subsequently reported the matter to the police.

Following investigations, the uncle was arrested on September 26, 2022, at Boksburg Prison, where he was already serving a five-year sentence for sexual assault.

During the trial, he pleaded not guilty and denied raping the child.

However, Regional Court Prosecutor Refiloe Neluonde presented evidence from the child, who testified through intermediary services, as well as her older sister.

The evidence successfully proved the State’s case, resulting in his conviction.

During sentencing proceedings, the accused, through his legal representative, asked the court to deviate from the prescribed minimum sentence, arguing that he had already spent more than three years in custody awaiting trial.

Neluonde opposed the request, arguing that life imprisonment was appropriate because the accused had committed the offences while on parole in another matter.

She further argued that he had exploited the child’s vulnerability and abused the trust associated with their family relationship.

Instead of protecting his niece, he repeatedly subjected her to sexual violence.

The prosecutor also argued that the accused had shown no remorse because he continued to deny the offences and had failed to take responsibility for his actions.

In delivering judgment, Acting Regional Court Magistrate Mamelo Mafisa agreed with the State, finding that the accused had abused the trust placed in him and shown no remorse.

The court found no substantial and compelling circumstances to justify deviating from the prescribed minimum sentence and imposed life imprisonment.

The court further ordered that the man’s name be placed on the National Register for Sex Offenders and declared him unfit to work with children.

Mahanjana said Gauteng Director of Public Prosecutions Advocate Sibongile Mzinyathi welcomed the sentence and commended Neluonde and investigating officer Warrant Officer Mafuko Alfred Shokwane of the Benoni Family Violence, Child Protection and Sexual Offences Unit for securing the conviction.

The NPA said it hoped the sentence would send a strong message that sexual offences against children and other vulnerable members of society would not be tolerated.

It also urged members of the public not to be discouraged from reporting sexual offences because of the time that had passed, saying such crimes should be reported regardless of how long ago they occurred.