Carolina man jailed for 15 years for rape
The National Prosecuting Authority's (NPA) provincial spokesperson, Monica Nyuswa, said the incident occurred on August 28, 2022, when the complainant visited a tavern in Carolina. She met the accused on the day.
'After socialising and consuming alcohol together, the accused began making romantic advances toward her. He later accompanied the complainant as she walked home. Along the way, he forced her into a ditch, raped her, and fled the scene.'
Nyuswa said the complainant immediately reported the matter to the police, and the accused was traced and arrested.
'In court, the accused claimed he was intoxicated and denied raping the complainant.'
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However, State Prosecutor Makhosonke Mashinini led compelling evidence, including the complainant's testimony and a J88 medical report, which confirmed injuries to the victim's genitals. The court found his account credible and rejected the accused's version.
Mashinini argued that women in South Africa have the right to move freely and safely in public spaces and to enjoy themselves without fear of violence or harassment.
He urged the court to impose the prescribed minimum sentence.
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Nyuswa said in sentencing the court acknowledged the alarming levels of gender-based violence in the country and emphasised the importance of protecting vulnerable members of society. The accused was sentenced to 15 years of direct imprisonment and was also declared unfit to possess a firearm in terms of Section 103 of the Firearms Control Act 60 of 2000.
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Zachariah Johannes Olivier, Rudolph de Wet and William Musora face charges of murder after the bodies of two women were left in a pigsty on a Limpopo farm. The US raised the case as an instance of extrajudicial killing. Image: NPA WE HAVE all been fixated by the recent exchange between Pretoria and Washington following the US State Department's report on human rights in South Africa and our government's rejection of the report as "inaccurate and deeply flawed". This is more than just a diplomatic spat; it has significant economic implications. It may be served as a form of retribution for the SA governments, Israel and the ICJ stance. The US claims include a "significantly worsened" human rights situation, citing issues from land expropriation without compensation targeting Afrikaners, arbitrary detention, extrajudicial killings, and repression of racial minorities. 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Next Stay Close ✕ The matter is 'actively adjudicated' by independent courts, and governmental structures diligently pursue proper investigation. These observations highlight tension between extrinsic perceptions and internal legal due process. In assessing human rights conditions, global observers must afford deference to domestic institutions when they demonstrably function coherently and transparently. From an economic standpoint, land reform remains both a moral and fiscal imperative in SA, one that seeks to rectify historical injustices while fostering agrarian productivity and broad-based participation. Blanket condemnation of expropriation laws, without acknowledging their redistributive motivations, risks entrenching inequality and inhibiting economic transformation. SA's pursuit of redress must not be misconstrued as an affront to minority rights when carried out via legal and accountable channels. The SA government's rebuttal, as articulated by the Ministry of International Relations and Cooperation, challenges the very credibility of the US report. It highlights a reliance on "a-contextual information" and discredited accounts, and points to the irony of a nation that has exited the UN Human Rights Council critiquing another's record. This counter-narrative is crucial for SA as it seeks to maintain its economic relationships. By framing the report as politically motivated and factually baseless, the SA government is attempting to mitigate its international reputation. We ultimately want to preserve the trade agreement and attract capital. From an economic perspective, property rights are the cornerstone of a stable investment climate. The perception, real or manufactured, that property rights are at risk can deter foreign direct investment and create domestic capital flight. It signals a heightened level of political and regulatory risk, which local and international investors are highly sensitive to. The economic fallout of this diplomatic friction could first impact the risk assessments of international rating agencies, potentially leading to a further downgrade of SA's sovereign debt, resulting in increased borrowing costs for both the government and private sector, stifling growth. Secondly, the "extrajudicial killings" and "repression" narrative can tarnish the brand SA, impacting tourism and the willingness of multinational corporations to establish a presence or remain in SA. The SA criticism of the US, comparing the Biden administration's more inclusive human rights approach, was supplanted by the current US right-leaning approach. The irony of receiving judgment from a country that has withdrawn from the UN Human Rights Council. SA government could argue that if human rights advocacy is to retain credibility, it must transcend partisan biases and engage fairly and consistently with the US own processes. Recommendations for moving forward In light of this controversy, the following is proposed: - Multilateral verification: SA should invite independent international bodies - preferably UN-mandated institutions - to objectively assess the contested claims, including land policy execution and farm-attack data. - Strengthen communication: Dirco and SA's legal and statistical bodies should proactively disseminate accurate, evidence-based reports to domestic and international audiences, promoting transparency. - Diplomatic engagement: SA should use diplomatic channels to engage with US counterparts, emphasising shared interests and discouraging unilateral politicisation of human rights narratives. - Institutional dialogue: Regional bodies (AU, SADC) and legal peer platforms should reaffirm adherence to due process and mutual respect for sovereign reforms enacted under constitutional frameworks. Ultimately, this is a battle of perception. 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