Durban — The uncle who kidnapped, raped twice and killed his niece was handed three life terms after pleading guilty to his crimes.
National Prosecuting Authority KwaZulu-Natal spokesperson Natasha Ramkisson-Kara said the Pietermaritzburg High Court had sentenced the 27-year-old uncle, Nkanyiso Radebe, to three terms of life imprisonment after he pleaded guilty to the double rape and murder of his seven-year-old niece, Vumisile Emihle Nyawose, on February 12.
Radebe was sentenced on Wednesday.
The incident took place in the Mtwalume area, near Umzinto.
Members of the public wanted to eat him alive. When Nkanyiso Radebe, 27, started to leave after Judge Pieter Bezuidenhout had finished delivering his sentence, members of the public, disgusted by what he had done, hurled insults at and tried to grab him with their hands.
Radebe, who pleaded guilty to two charges of raping and brutally murdering the little girl, a Grade 2 pupil at Sibanini Primary, entered the court with his face covered with a facecloth and crying.
Although his lawyer, Amanda Hurley, tried to plead for him, saying he had shown remorse for his actions, he had a four-year-old child, and this was his first arrest, Bezuidenhout said everything his lawyer had said did not give him a reason to change the sentence he had imposed.
“The evidence that shows the injuries of the deceased, shows that she felt a lot of pain when she was raped. The victim trusted the defendant, as he was someone she knew, but he exploited her trust,” said Bezuidenhout.
He said the incidence of child rape was increasing in the country, and that Radebe’s actions were so shocking it was difficult to understand what he was thinking when he committed the crimes.
When Radebe pleaded guilty through his lawyer, he said he had raped the victim repeatedly from behind and frontally. He received two life sentences for each of the two counts of rape, as well as life imprisonment for murder. The kidnapping charge was dropped.
The judge assured the family that if there was a need for Radebe to be granted amnesty, they would be called to make their representations.
The family said that, although it was still difficult to accept the killing of Vumisile, the sentence given to Radebe was satisfactory.
Vumisile’s grandfather, Jerome Nyawose, said that because the child would not return, justice had been served in the matter.
“Since this thing happened, it has been very difficult for the community. On the first day it happened, there was no sleep. Everyone came to see for themselves where this incident happened,” said Nyawose.
Bongekile Jobe, chairperson of the women’s organisation Women of Mtwalume, said that, although the child would not return, the sentence would soothe the wounds of the community.
“We appreciate the sentence given to him. We hope that standing up as a community is what made the court give him the right sentence, and we will make sure that as a community we stand up for cases of abuse of women,” said Jobe.
In his plea, the uncle said that on the day of the incident he had been working at the child's grandmother’s house, digging a pit toilet. At some point, the pick handle broke and the grandmother advised him that she would borrow another pick from her neighbour. He then asked her for money so that he could buy cigarettes from a nearby shop.
The child was also at the shop, as she had gone there to buy some items for her mother. On their way back home, he told the child to follow him, saying they would take a different route.
As they were walking home, he raped her twice. When he was finished, the child told him she was going to report him to her grandmother.
It was at this point he decided to kill her, strangling her until she stopped moving. He covered her body with some sand and returned to the house, where the grandmother asked him if he had seen the child.
Even though he said he had left her at the shop, some community members accompanied him to the police station, where he confessed to his actions and was arrested.
“In aggravation of sentence, Deputy Director of Public Prosecutions Advocate Mbongeni Mthembu handed in victim impact statements compiled by the child’s mother and granny, and facilitated by Court Preparation Officer Beaufort Shinga.
“In their statements, both women spoke of the heartache and devastation they feel at the loss of the child. The granny said that the child was kind-hearted and loving. The child’s mother said that her worst fear was realised (when she lost) her child.
“The man was sentenced to a term of life imprisonment each for murder and the two counts of rape. He will effectively serve life imprisonment,” Ramkisson-Kara said.
She said the NPA welcomed the successful finalisation of this matter.
“It is our mandate to prosecute and get justice for all, especially those belonging to vulnerable groups. We hope that this sentence will deter like-minded individuals. We commend the work done by the prosecution and the SAPS,” Ramkisson-Kara said.
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