I now know the justice system really works, says rape survivor

The Nyanga SAPS family violence, child protection and sexual offences unit’s Andiswa Dlokolo with her commander, Captain Erica Derkse, after the sentencing. Picture: Supplied

The Nyanga SAPS family violence, child protection and sexual offences unit’s Andiswa Dlokolo with her commander, Captain Erica Derkse, after the sentencing. Picture: Supplied

Published Oct 15, 2022

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Cape Town - The life sentence handed down to a rape convict in the Wynberg Regional Court has restored Funyanwa Mlandu's faith in the justice system – and given her the courage to speak up.

The 30-year-old woman was raped by two men who then dumped her in Ottery in March 2019. She said her life has been a roller-coaster ever since, but the sentencing had lifted a weight from her shoulders.

The court found Keenan Lewin, 24, guilty and gave him a double life sentence for two charges of rape and 15 years’ imprisonment for robbery with aggravating circumstances.

In sentencing Lewin, Magistrate Adnan Jacobs said the accused had shown no remorse. In addition, his age and the fact that he was a first-time offender who had already served three years in the cells were no reason to give him a lenient punishment.

"Our courts have been at pains to ensure that the message sent out through its sentences is that rape will not be tolerated, and that anyone making themselves guilty of these offences will be facing stern sentences.

“This is also an offence that is becoming prevalent in our country. The sentence imposed today should not only punish the offender, but also serve as a deterrent for the individual as well as the community," Jacobs’ judgment reads.

He also mentioned the severe effect such incidents had on victims’ lives, taking Mlandu's statement into account.

Mlandu was raped in the early hours of March 16 on her way home from a pub she worked at in Wynberg. She lived in Lower Crossroads in Philippi at the time.

"I worked as a cleaner in a pub. I left at 5.20am, walked out and saw a silver private car that offered me a lift. I rejected it. They drove off, but made a quick return. Two men grabbed me and kept me tight inside. They demanded money and my phone as they searched me. I was so scared – I thought they were going to kill (me). I think (that) would have been better, because the rape was more painful, and it still is. Two of them raped me and left me in a weird bushy area in Ottery. I was numb and powerless.“

She said two Good Samaritans had helped get her a lift to a police station.

"I was never the same again. I have since been a loner, with mood swings and lack of concentration. I couldn't work, and I had to send my child away. I eventually left Cape Town, as the coloured accent triggered me, and I worked with coloureds too, which was very difficult. I had to come to Cala in the Eastern Cape and start over again.

"Maybe it's because it was my second rape since I was 12 years old. The first one was never spoken about, and the (later) incident opened the wounds.

"Going to court and hearing the suspect lie was draining. He claimed he was alone and I was his girlfriend.

"But I slowly started feeling better as the case proceeded, and I was excited to hear he was sent to jail for ever. The justice system really works, not overnight, but those people care. They're the ones who gave me hope and reminded me the world is still a better place. I am so grateful to all of them.

"I know it's not easy, but trust the counsellors. If it wasn't for them, I wouldn't have opened a case, as I didn't know the suspects and believed police were useless. The DNA that was taken is the only evidence that helped with the arrest and with the case months later. There is help, but you need to find someone who will listen and understand."

Wynberg sexual offences prosecutor Advocate Jarrod Seethal welcomed the sentencing, saying Mlandu had been exposed to gruesome violence that had hugely impacted her life.

He said the case wasn't easy, as the suspect had been determined to defend himself and lied about the other suspects.

He thanked the investigating officer, Andiswa Dlokolo of the Nyanga SAPS family violence, child protection and sexual offences unit, for “the hard work she put it and her passion to bring the suspects to book".

"Each case is unique, and Funyanwa was completely shattered by the ordeal. There were times it was difficult talking and getting information from her. We had to be patient with her. I was touched by her reaction after the sentencing. She said she was healed. Those words gave me peace," Dlokolo said.