SECUNDA – Chiphus Malabola was sentenced to 10 years’ imprisonment for rape, 15 years for armed robbery and three years for theft.
He appeared in the Secunda Magistrate’s Court for sentencing on five counts on Wednesday, 30 November.
The minimum sentence advised by the court is not less than 10 years for rape and not less than 15 years for robbery with aggravating circumstances should the accused be found guilty on these charges.
These were the charges against Malabola:
Counts one and two: rape and robbery with aggravating circumstances that took place on 4 March 2009.
Count three: rape, but the accused denied rape and said the sex was consensual.
Counts four and five: the accused was charged with rape and robbery with aggravating circumstances that took place on 22 June 2010.
Malabola will serve counts 1, 2, 4 and 5 concurrently.
Concurrently means that a prisoner who is serving two concurrent five-year sentences for example, will serve those prison terms together, meaning that Malabola will probably get out of jail in five years rather than 10.
Malabola will effectively serve up to 35 years imprisonment.
Section 1 of the Criminal Procedure Act, 51 of 1977 provides that the aggravating circumstances in relation to robbery means the wielding of a fire-arm or any other dangerous weapon, the infliction of grievous bodily harm, or a threat to inflict grievous bodily harm, by the offender or an accomplice on the occasion.
The court had two questions to look at to determine whether Malabola was guilty of these charges.
The first question was whether he had raped the women.
The second question was whether the sex of count 3 was consensual.
When it comes to criminal offences, it is the state’s duty to prove the evidence beyond reasonable doubt to ensure that the accused be found guilty of the charges.
The court will evaluate the evidence that has been presented by the state to determine whether the accused is guilty beyond a reasonable doubt and if so, he will be sentenced accordingly.
In this case all the charges were in dispute, except count 3 where the accused admitted to having had sex with the victim.
Victims who had been assaulted do not always know where to go to receive help and are at times too scared to go to the police.
Thuthuzela aims at turning victims into survivors and if you are abused and do not know where to go, this is a safe place that will help you follow the right channels to ensure your safety.
Do not be a victim and do not be afraid to speak out so that justice can be served.
For more information contact Thuthuzela at 017 631 1187.
