adminThandeka Moyo Court Reporter
A TSHOLOTSHO man, 42, was yesterday sentenced to 45 years in prison for raping his niece thrice. Julias Sibanda stood in shock in the dock as regional magistrate Sikhumbuzo Nyathi convicted him and told him that for each count, he had been sentenced to 15 years imprisonment. Sibanda raped the girl and threatened to assault her and her mother if she told anyone.
The victim lives with her mother at a homestead next to Sibanda’s.
Magistrate Nyathi said, “The court finds you guilty of three counts of rape. You are therefore sentenced to 15 years for each count. However the 15 years for count one and count two will run concurrently and 5 years have been further suspended on condition of good behaviour. Therefore you will serve effective 25 years in prison,” he said.
He bemoaned the prevalence of sexual abuse cases in the country especially those of minors and said Sibanda’s sentence was supposed to send a clear message to would-be offenders.
“You have destroyed your niece physically and psychologically so a harsh sentence is justified,” said the magistrate.
When a deflated Sibanda regained his voice he swayed as if he was about to collapse and softly asked the magistrate: “You want me to die in prison, why don’t you want to listen to my story?”
In his defence Sibanda told the court that his sister, mother to the victim, was framing him as she was jealous of the goats that were left in his custody by their mother when she relocated from Tsholotsho.
“This girl has a boyfriend your honour and I cannot be blamed for the fresh tears in her hymen. I did not rape her, she is just being used by her mother to fix me,” said Sibanda.
“She said I raped her wearing a T-shirt, I do not own a T-shirt. I have been sick from 2009 and that was the last time I wore a T-shirt,” he said leaving the gallery in stitches.
The state case led by Masimba Saruwaka is that on December 3 last year at around 10AM, the girl was on her way to a nearby bush to collect firewood and Sibanda called her to his homestead.
On arrival, Sibanda invited his niece to his bedroom and when she entered, she found Sibanda wearing a T-shirt only. He then ordered her to lie down and the girl refused.
He tripped her to the ground and she fell facing upwards. Sibanda then went on top of her and pulled her skirt to waist level and forcibly removed her panties and raped her once without protection.
For the second count, Sibanda found his niece alone on January 4 and called her to a nearby bush. He ordered her to lie down and raped her once. Sibanda gave her R2 to buy her silence.
Saruwaka said also on February 22 at around 9AM, the girl was on her way to the borehole to fetch water while her uncle was cutting firewood nearby. Sibanda then called her and raped her once more.
The matter came to light the next day when the girls’ mother discovered she was limping. She narrated her ordeal on being questioned, leading to Sibanda’s arrest.
Online Reporter