SECUNDA – The Secunda Regional Court that deals with sexual offences, sentenced a traditional healer from Leandra to 45 years’ imprisonment on Friday, 7 June, for raping two mentally impaired boys.
Themba Dudu Hlatswayo, who also worked as a security guard, will effectively spend 25 years in jail as some of the sentences will be served concurrently.
Magistrate Graham Cupido found Hlatswayo guilty on Wednesday, 5 June, on three counts of rape committed against the disabled in 2015 and 2016.
The first victim, who is small in stature, was described as slow with impaired intelligence. He was 18 years old when Hlatswayo raped him numerous times between February and October 2015.
Hlatswayo was arrested for this crime and was out on bail when he raped a 21-year-old mentally disabled man in 2016.
The Court heard testimony that this victim has the mental capacity of a 10-year-old.
Mr Cupido said the fact that no excessive violence was used and that Hlatswayo was a first time sexual offender, contributed to his decision that the accused should not be sentenced to life imprisonment on each charge.
However, the magistrate said in his judgement that rape can be described as the brutal invasion of the dignity of a person.
According to Mr Cupido, Hlatswayo misused his position as a mentor and father figure to the first victim who trusted him.
“I have no doubt that the repeated rape was a traumatic experience for the victim who went to the police, but was not assisted when he was there.”
Mr Cupido said the increase of crime against the mentally disabled in the area is alarming.
“Society is outraged by the rape of the disabled and expect the court to protect the vulnerable members of our society. The court must send a clear message that the atrocities against the vulnerable in the society will not be tolerated.”
Mr Cupido said Hlatswayo showed no remorse during the trial.
He sentenced Hlatswayo to 15 years’ imprisonment on each of the three rape charges, but said that five of the 15 years given on count two must run concurrently with count one.
Hlatswayo will therefore effectively serve 25 years in prison, his name will be entered into the national sex offenders’ register, as well as the national child protection register, and he was also found unfit to possess a firearm.
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