Life behind bars for KZN man who attempted ‘ukuthwala’

A 60-year-old man was sentenced to life and 17 years imprisonment by the Greytown Regional Court after he raped a 17-year-old girl who was forced to be his wife.

Natasha Ramkisson-Kara, the National Prosecuting Authority’s (NPA) spokesperson, said that in court the man raised the defence of the traditional practice of ukuthwala, however, the court rejected his argument and convicted him accordingly.

Ukuthwala is a form of abduction that involves kidnapping a girl or a young woman by a man and his friends or peers with the intention of compelling her family to agree to a marriage, and is prevalent in rural parts of SA.

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Ramkisson-Kara said the man knew the victim’s relatives as they attended the same church.

She said the teenager, who is now 18-years-old, lived with relatives as she is an orphan.

Ramkisson-Kara said the incidents took place from February to July in 2019 after the man asked the teenager’s relatives to arrange a suitable bride for him, even though he was already married to two wives and had five children.

“The [teenager’s] aunt chose her to be his bride, and after much coercion from her family, she agreed to marry him.”

After meeting him, Ramkisson-Kara said the girl changed her mind when she realised his age but her family and the man refused to accept her rejection.

Ramkisson-Kara said the man arranged with the girl’s family for her to be taken to a room that he rented in Greytown where he attempted to rape her. When he failed, he then put her in his car and drove her to a bushy area outside Greytown, where he tried again tried to rape her, but she fought him off.

“She returned home and informed her family about what had happened, but nothing was done, and the family proceeded with pre-marital rituals, including the payment of lobola, fully aware that the complainant was resisting.”

Teen kidnapped and raped

Ramkisson-Kara said the teen was kidnapped by the man and taken to his home in Ntembisweni, where she was held captive and repeatedly raped by him.

“She was rescued 10 days later when social workers received information about a young girl continuously crying in the accused’s home.

“With the assistance of the police, the social workers infiltrated the house and found the victim handcuffed to the metal leg of a table. She immediately reported the kidnapping and rape,” said Ramkisson-Kara.

Man sentenced to life and 17 years

In the state’s case, Regional Court Prosecutor Premie Naidoo led the evidence of the victim, a friend who was in her company at the time of the kidnapping, the social worker and police officer who rescued her, as well as a medical doctor who confirmed that the teen sustained extensive injuries, due to the trauma of the forced sexual intercourse over the 10 days she was held captive.

Ramkisson-Kara said Naidoo also submitted a victim impact statement where the teen said, “Since this incident, I isolate myself because I hurt so much emotionally. He has destroyed my life and my future. I have tried suicide a few times but was saved. I just wish the court can do justice for me as I became a laughing stock after being kidnapped and raped.”

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The man was sentenced to life imprisonment for rape, 12 years imprisonment for the two counts of sexual assault and 5 years imprisonment for kidnapping.

He will effectively serve a term of life imprisonment. The court deemed him unfit to possess a firearm.

“The NPA acknowledge the successful prosecution and we hope that the sentence meted out will provide some solace to the victim, given the accused’s horrendous actions. We commend the work done by the Prosecution and Investigating team, and we trust that this sentence will have the necessary deterrent effect on like-minded people,” said Ramkisson-Kara.