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Joshua Thwala is jailed for 10 years

Joshua Thwala (50) was sentenced to 10 years imprisonment on Tuesday, after being convicted of rape, last Friday.

 

Thwala raped a 17-year-old girl in his home, in Struisbult, on April 7, 2013, after he had convinced the parents of the young girls in the Ekurhuleni Swazi community that he wanted to conduct counselling for their daughters.

However, the appointments for the girls’ sessions were made on a one-on-one basis.

Among the witnesses who were called to take the stand during the trial was Maria Sithole (who has four years experience in the forensic department and now works at the Far East Rand Hospital), the victim’s brother, who was outside the house when the rape took place, her mother and sister.

During Thwala’s appearance before magistrate Bennita Oswel, last Friday, the evidence led in court during the trial was read by the magistrate, who mentioned that she was satisfied with all the evidence and all the witnesses who testified.

Oswel added that the state had proved, without a doubt, that Thwala is guilty.

She also spoke about some of the facts that were brought before the court regarding the incident, such as the fact that Thwala instructed the victim to take off her clothes, so that he could weigh her.

“I do not understand why girls would be instructed to take off their clothes to be weighed, or why the counselling was done in Thwala’s bedroom,” said Oswel, before finding the accused guilty.

Residents filled the court on Tuesday, to hear Thwala’s fate.

Before handing down the sentence, Oswell said the court understood the victim’s trauma and reminded the court that the victim came to South Africa from Swaziland, to receive a better education.

Taking to the stand on Tuesday, Thwala, who showed no remorse, and still denied raping the victim, tried to convince the magistrate to give him a lighter sentence.

Oswell sentenced him to 10 years imprisonment and declared him unfit to possess a firearm.

An application by Thwala to appeal was denied by Oswell, after the state made it clear that no other court would find him innocent or give him a lighter sentence.

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