Rapist uncle to serve 12 years

Auxilia Katongomara Court Reporter
Efforts by parents of a 23-year-old Nkayi man to save him from being incarcerated have hit a brick wall after he was slapped with a 12-year jail sentence for raping his niece. Lastboy Tshuma had pleaded not guilty to three counts of rape, but his defence had too many loopholes that left the court convinced that he indeed committed the crime.

His juvenile victim, who was seven at the time of abuse in 2010, told the court that her grandparents had ordered her not to report the crime in exchange for wild fruits (umkhuna).

In passing judgment, regional magistrate Chris Mberewere said the courts were working hand in glove with society in weeding out unruly characters who abused children.

“There is always an outcry whenever a girl child is abused and the court shares and will express society’s indignation at the rape of yet another child especially those left in the custody of a trusted relative.

“The courts can do no more than add to the efforts being made and the most important thing is to remove such people from society,” said Mberewere.

Tshuma was sentenced to 17 years imprisonment and will serve an effective 12 years after five were suspended on condition that he does not commit a similar offence.

Prosecuting, Trust Mudume told the court that the matter came to light after the juvenile reported the matter to her teacher.
He said the teacher took the complainant to the school head and a report was made to police, leading to Tshuma’s arrest.

The court heard that on the first count sometime in 2010 the accused lured the girl to a bushy area to fetch wild fruits and raped her once.

“On the second count, sometime in July 2011, Tshuma followed the complainant while she was on her way to fetch water. He caught up with her and grabbed her by her hand before pushing her to the ground, removing her pant before raping her,” he said.

On the third count, sometime in August 2011, the accused met the complainant while she was coming from the river and raped her.
He ordered her to put down her bucket and ordered her to follow him to a bushy area where he raped her once.

Tshuma denied committing the crime claiming that he was in South Africa during the time when the crime is said to have been committed, but failed to produce travel documents to substantiate his claim.

He said: “I did not commit the crime because I was in South Africa in 2011. She is mistaking me for another uncle who raped her.  In fact I only learnt of the crime on 2013 on my return from South Africa”.

Tshuma told the court in mitigation that he is married with a seven-month-old baby, jobless and had only two beasts but was sent to jail regardless.