29-year-old Siphosakhe Spongo Mtshali will spend the rest of his life in prison after being found guilty on two counts of rape.
The saga begins seven years ago, when a 10-year-old girl was returning home from school in the Somshoek area of Ekuvukeni. The girl was accosted and raped in a remote area. The man who committed the crime was unknown to her. A report was made to police and an investigation began.
As luck would have it, the victim identified her perpetrator at a traditional function she was attending with her family. The function was held about a month after the incident. She immediately reported the identity of her attacker to the adults around her, and the man was held by community members until police arrived.
The accused appeared in court and was granted bail. Unfortunately, he fled the area shortly after that. A warrant of arrest was issued and detectives continued trying to trace him, but he was nowhere to be found.
The Community Police Forum and other structures partnered with police in an effort to locate the man, but were unsuccessful.
During September 2012, another young girl became the victim of rape, only this time it was in the Lime Hill area of Ekuvukeni. The modus operandi was the same, but the victim was aged 14. The attacker was much more violent this time around and used a rock to assault his victim, which resulted in serious injuries being sustained by her. Her eyes were so swollen that she could not open them after the incident and she also sustained a wound to her forehead. It took a two-week stay in hospital for her to recover from the visible injuries.
A case docket containing charges of rape and assault with intent to cause grievous bodily harm (assault GBH) was registered for investigation by police. The suspect disappeared from the area.
During February 2013, the victim came across her assailant in the area where she lives and was able to identify him. She quickly informed community members, who apprehended the man. Police were called and he was placed under arrest. When detectives from Ladysmith Family Violence, Child Protection and Sexual Offences Unit (FCS) saw the suspect, they immediately recognised him as being the one who had committed the first rape seven years ago.
He had surfaced in Ekuvukeni again in 2012 to commit the rape on the 14-year-old and had returned to the area again in 2013. He was charged for the crimes and taken to court. He faced two charges of rape, as well as the assault GBH charge. The case dockets were combined and Warrant Officer TV Zikalala from the Ladysmith FCS took over the investigation.
The accused’s fate was sealed by means of DNA evidence. In a court case which was concluded on Friday, November 7, in the Dundee Regional Court, the accused, Siphosakhe Spongo Mtshali, was found guilty of two counts of rape and sentenced to two life terms of imprisonment. He was also found unfit to possess a firearm. Both the victims received counselling and were assisted by a special court preparation officer, which enabled them to present their evidence during the trial, despite their traumatic experiences.
The investigating officer, Warrant Officer Zikalala, welcomed the conviction and sentence, and thanked Warrant Officer BV Nkaliphi and Constable MH Mazibuko for their assistance in the investigation, as well as court personnel who guided and assisted them throughout the investigation and trial.
