The Ermelo Regional Court convicted and sentenced a 24-year-old Zimbabwean national, Nqabeni Braidon Mangena, to life for the rape of a 59-year-old mentally impaired woman, and an additional three months for contravening the Immigration Act.
According to the Mpumalanga National Prosecuting Authority’s (NPA) spokesperson, Monica Nyuswa, this follows an incident that took place in KwaDela, Davel, where the victim was being cared for by her grandson due to her mental condition.
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“On August 29, 2021, Mangena encountered the victim at a tavern and followed her home. He entered her house and raped her. The victim’s grandson returned to find the house in disarray and initially assumed his grandmother had fallen, as she also suffers from epilepsy. Upon further inspection, he noticed bruises on her knees and inner thighs. He immediately contacted the police, and the accused was subsequently arrested. It was later revealed that Mangena was in South Africa illegally. The victim was taken to the Ermelo Thuthuzela Care Centre, where she received psychosocial support and medical treatment.”
In court, the accused admitted that he did not possess a passport, but pleaded not guilty to the rape, claiming the act was consensual.
“He acknowledged he was aware the victim could not engage in proper conversation. A J88 medical report showing injuries to the victim’s genitalia was submitted, along with a report confirming that the victim’s mental capacity is equivalent to a five-year-old’s.”
In delivering the sentence, Magistrate Eben Jonker expressed the court’s satisfaction with the evidence presented by the State, noting there were no substantial or compelling reasons to deviate from the prescribed minimum sentence of life imprisonment. Nyuswa said the court also ordered Mangena’s name be added to the National Sexual Offenders Register and declared him unfit to possess a firearm.
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“This sentence underscores the seriousness with which the criminal justice system addresses gender-based violence. Sexual violence not only violates the dignity and privacy of victims as protected by the Constitution, but also erodes societal trust,” said Nyuswa.
