Andy Kawa’s daughter confronts rapist and calls for DNA backlog to be cleared

Emotions ran high in court as daughter of Gauteng businesswoman Andiswa “Andy” Kawa, confronted her mother’s rapist, Moses Gqesha.

The confrontation took place shortly after the Eastern Cape High Court in Bhisho handed Gqesha eight life sentences on Thursday.

The sentencing followed his conviction in March.

Judgment in Andy Kawa rape trial

Delivering judgment, Judge Phillip Zilwa heavily criticised Gqesha’s actions and disregard for the rights of others, particularly women.

“He clearly regarded the complainant as an object on which he can do as he pleases,” the judge said.

Zilwa said that after considering submissions from both the state and defence, he could find no compelling or substantial factors that would justify deviating from the prescribed sentences in the Criminal Procedure Act (CPA).

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The court imposed eight life terms for eight counts of rape.

In addition, Gqesha received 10 years for kidnapping, 15 years for robbery with aggravating circumstances, five years for assault with intent to cause grievous bodily harm (GBH), and four years for theft.

Zilwa ordered that all sentences run concurrently.

Shortly after sentencing, Kawa’s daughter, Celiwe, stood up and directly addressed the man convicted of brutalising her mother.

“This is just absolutely unacceptable. You can’t even look at me.

“You don’t even have the courage to look at me; staring at the newspaper. It’s completely disgusting and unacceptable,” she said.

Emotional toll on Andy Kawa and family

Speaking to the media following the sentencing, Celiwe opened up about the emotional impact the attack and subsequent trial had on her mother.

“Can you imagine being asked in a court of law to recount the worst night of your life?

“Can you then imagine listening to the defence say one of the mitigating factors is that you were not murdered? So the emotional toll is immense,” she said.

“You might see my mom who stood in court strong, but she’s someone who’s had multiple sleepless nights, who’s no longer been able to work and whose memory has been greatly impacted,” Celiwe added.

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She also issued a call to government to tackle the severe DNA backlog that continues to hinder justice in gender-based violence (GBV) cases.

“I think healing is a very long road, but what would bring healing is seeing concrete action by the government.

“You mentioned the DNA evidence, and there is an incredible backlog of over 100 000 rape tests that have not been tested.

“Without DNA, we wouldn’t be here today, and what will bring healing is seeing the government clear that backlog and carve a path forward where victims no longer have to wait so long for DNA evidence.”

‘Weak human being’

Commenting further on her courtroom confrontation, Celiwe criticised Gqesha’s conduct throughout the trial.

“He’s someone who, throughout this court case, feigning being ill, has tried to maintain a sense of control not only that day over my mother but also over these court proceedings.

“And I think with his failure to even be able to look at me when I asked him to, it shows that he is someone who is an incredibly weak human being.”

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She concluded by stressing the importance of reclaiming power from perpetrators of violence.

“It is really important that we no longer, as a society, let these predators have any sense of control over South Africa.

“All of us really need to regain that sense of control, and they’re the ones who should feel marginalised and on the sidelines, not victims.”

Delayed justice

Kawa was abducted and raped on Kings Beach in Gqeberha while on a business trip on 9 December 2010.

She managed to escape the following morning.

However, it took 14 years for her attacker to be found.

Gqesha was initially arrested for theft in June 2020, but was released after the case was withdrawn.

A DNA match subsequently linked him to Kawa’s case in June 2023.

Despite this, it took police months to arrest him.

He was eventually found sleeping on a park bench in Summerstrand in January 2024.

Andy Kawa sues police

In 2018, Kawa successfully sued the minister of police for negligence related to delays in investigating her case.

Although the Eastern Cape High Court awarded her damages, the ruling was later overturned by the Supreme Court of Appeal (SCA).

Kawa then appealed to the Constitutional Court (ConCourt), which ruled in her favour in 2022.

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