The Verulam Regional Court sentenced a 46-year-old man to life and five years imprisonment for the rape and attempted murder of a child in the Umhlasini area near Durban in 2021.

The child, who was five years old at the time, had gone to live with her granny. The man, who is HIV positive and aware of his status, was the granny’s partner and they shared a child.

KZN NPA spokesperson Natasha Ramkisson-Kara said the man raped the child on several occasions, when the granny was either asleep or out of the house running errands, and threatened to kill her if she told anyone.

“In the last instance, the granny had put the children to bed and was outside when the man decided to rape the child again. This time, the grandmother walked in on him while he was raping the child.

“She noticed that he had not used protection either. She confronted him about what was going on, but he denied anything and locked all the doors, keeping them inside,” said Ramkisson-Kara.

Ramkisson-Kara added that the man took away the grandmother’s cellphone, thus rendering her helpless. During this time, the child told her grandmother that she had been raped several times before.

“The following morning, the man returned the house keys and cellphone to the granny and went to work. It was at this point that they contacted the child’s mother, and the matter was reported to the police.”

The man was arrested shortly after, and the child was taken to the Phoenix Thuthuzela Care Centre (TCC), where she received the necessary psycho-social services, counselling, and support.

In court, regional court prosecutor Ishara Sewnarayan led the testimonies of the child, the first report (her grandmother), and the doctor from the TCC. She also handed in a victim impact statement compiled by the child and facilitated by court preparation officer Bongiwe Qwabe, wherein the child noted the devastating effects that the incident has had on her life.

The man was sentenced to life imprisonment for rape, and five years imprisonment for attempted murder, as he had unprotected sex with the child, knowing that he is HIV positive. Further, the court deemed him unfit to possess a firearm and ordered that his name be entered into the National Register for Sex Offenders.

Ramkisson-Kara Natasha said the NPA welcomes this successful prosecution, and they commend the work done by the prosecution and police. We hope that sentences of this nature will have the necessary deterrent effect.