At the time of the offence, the man was employed as a general worker at the creche the victim attended.

To protect the victim from secondary victimisation, the accused’s name has been withheld.

Mpumalanga National Prosecuting Authority (NPA) Monica Nyuswa said the incident took place on 01 September 2023 at KwaMhlushwa, inside the creche premises after school hours.

“The victim and her friends were playing outside the creche, as they lived nearby. The accused called the victim into the creche’s kitchen, closed the door, and raped her.

The victim’s sister, who was also playing outside, looked through the window and witnessed the assault. Later that day, the victim told her mother she was experiencing pain in her private area. When the mother investigated, the sister disclosed what she had seen. The matter was immediately reported to the police, leading to the accused’s arrest,” she said.

Nyuswa said in court, the accused pleaded not guilty and claimed he was not present at the school during the incident.

However, Regional Prosecutor Thembile Ngonyama presented compelling evidence, including testimony from multiple witnesses, the first report by the victim, the Jail medical report, and the eyewitness account from the victim’s sister.

“The court found the State’s witnesses credible and rejected the accused’s version of events. In aggravation of sentence, Ngonyama highlighted the prevalence of such offences and urged the court not to deviate from the prescribed minimum sentence. A Victim Impact Statement, compiled by the victim’s mother and facilitated by Court Preparation Officer Lizzy Mhlongo, detailed the severe ongoing psychological and physical trauma endured by the child and her family.

“The court determined there were no substantial and compelling circumstances to justify deviation from the prescribed minimum sentence. The accused was sentenced to 25 years’ direct imprisonment for rape. Additional orders include his name being entered on the National Register for Sex Offenders, a declaration that he is unsuitable to work with children, and a finding that he is unfit to possess a firearm,” she said.

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The conviction relates to a December 2023 attack at the Kariega railway station, where a female security officer was raped during a robbery incident.

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According to police, dedicated investigative work and DNA analysis conducted by the Provincial Family Violence, Child Protection and Sexual Offences Unit together with the Serious and Violent Crime Investigation team led to the accused being positively linked to the crime. DNA evidence also connected him to a separate rape case in Butterworth, where he had already been serving a lengthy prison sentence.

The court sentenced the accused on five counts. It further ordered that his name be entered into the National Register for Sex Offenders and declared him unfit to possess a firearm.

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Nelson Mandela Bay District Commissioner, Major General Vuyisile Ncata, commended Detective Constable Vuyolwethu Mpendu and the investigative team for their commitment and perseverance in securing justice for the survivor.

The South African Police Service reaffirmed its firm stance against gender based violence and its ongoing commitment to protecting vulnerable members of the community.

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This comes after the court found him guilty on seven counts of rape, two counts of attempted murder, three counts of robbery as well as house breaking and assault.

Mthethwa, who was terrorising the areas of Richards Bay, KwaMbonambi and Empangeni, started his raping spree in March 2017, when he raped a woman and strangled her with the intention to kill her at KwaMbonambi.

During his cold-blooded raping spree, Mthethwa also came across three women in Richards Bay.

He fired a shot at one woman and raped the other whilst forcing the other victims to witness the act.

With police realizing that there was a serial rapist on the loose, a team of dedicated detectives from the Family Violence, Child Protection and Sexual Offences (FCS) Unit connected the dots and Mthethwa was stopped on his tracks in 2021.

His reign of terror ended when he was arrested and charged on 21 counts, inclusive of rape, attempted murder, business robbery, house breaking and assault.

His youngest rape victim was a 13-year-old girl whom he raped after breaking into the house she was sleeping in.

Mthethwa’s name will be entered into the National Register for Sex Offenders.

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