Mbombela - Two Mpumalanga men who took turns raping a woman during a house robbery were each sentenced to a total of 20 years imprisonment by the Nelspruit Regional Court on Wednesday.
A Sapa correspondent reported that Mancoba Nkosi, 29, and Mxolisi Sibiya, 25, from Schoemansdal near Malalane, were found guilty of robbery and rape.
Magistrate Andre Geldenhuys found the two men guilty of robbing and raping a 24-year-old woman at her house in Schoemansdal, in December, 2009.
Sibiya's lawyer Cebo Vilakazi told the court Sibiya did not penetrate the victim during the sexual assault.
“The accused's DNA did not match with the one found in the victim. My instruction is that he be acquitted on the rape count,” Vilakazi said.
Geldenhuys said that according to the victim, Sibiya had penetrated her.
“He was disturbed by neighbours who intervened and he could not finish,” Geldenhuys said.
When passing sentencing, Geldenhuys said the two accused had denied any involvement in the case from the beginning of the trial.
“But after DNA results linked accused one to the rape, he changed his statement, saying the complainant was his second wife,” he said.
He said Nkosi lied under oath when he testified that he did not live with her but lived with his first wife.
“The accused said she laid the charge to punish him for not living with her. He also blamed his defence for not properly representing him,” he said.
Geldenhuys said Sibiya testified that he was too intoxicated to remember what happened that night.
“The accused was seen by the complainant and witnesses at the scene. They were also with a third accomplice,” he said.
Geldenhuys said not only were the two accused linked by DNA or seen by witnesses, but a cellphone belonging to the victim was found in their possession and handed to police as evidence.
“That day at midnight, you entered into the helpless woman's house like you owned it. You both had a common purpose, to rob and rape her,” he said.
“The court believes if the neighbours did not intervene, the worst could have happened.”
Geldenhuys said if firearms, knives or pangas were reportedly used or if the woman had been injured, they should be facing life imprisonment.
“Despite warnings sent by courts on daily basis, people don't listen. House robberies and rapes will never be tolerated,” he said.
The men were sentenced to eight years each for robbery and 12 years each for rape. The sentences will run consecutively.
Sapa