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IN THE HIGH COURT OF SOUTH AFRICA

EASTERN CAPE DIVISION – GRAHAMSTOWN

 

                                                                                                Case No:  CC 82/2018

                                                                                                Date Delivered:  11/12/18

 

In the matter between:

 

THE STATE

and

SAKHIWO DIKI

 

JUDGMENT

 

MAKAULA J:

 

[1]        The offences with which the accused is convicted are serious.  He broke into the home of the complainant during the night for purposes of raping her.  There is absolutely no other reason.  That is confined by his utterances upon entering that he was going to rape her until she defecates.  The rape is preceded by untold of violence on a defenceless elderly woman who was in the sanctity of her home.  He stabbed her mercilessly all over her body and strangled her.  The Doctor recorded plus minus 30 stabbed wounds.  The complainant was lucky to survive. 

[2]        The accused did not make a clean breast of the events that occurred.  One is left to speculate.  It is apparent that the accused planned his attack well.  The only inevitable conclusion is that he saw the complainant when she got into her house.  I say saw because the complainant’s door was kicked open immediately after she locked the door with a chain and a padlock.  The accused himself confirms that he saw the complainant going to her house and followed her.  I accept that part of his evidence.  Where he is lying is that he spoke to her and asked for R18.00.  He knew therefore that the complainant was alone and a soft target.

[3]        The accused lied about everything.  He lied about what caused him to stab the complainant.  He says he slapped the complainant because she became angry when he persisted about the money.  He further lied about thinking that the complainant was reaching for a weapon.  He never stated that the complainant was armed with anything, however, he stabbed her about 30 times.  The accused is a cruel merciless person.  He subjected her to all that pain only in the name of raping her.  His actions are barbaric.  He did not show any remorse.  Rape is a serious and degrading offence.  It is prevalent in children and elderly women.  This is worse because it was perpetrated with such brutality.

[4]        The accused personal circumstances are as follows:

·        He was born on 23 October 1985.

·        He is unmarried with two children aged 2 and 14 years.

·        He was contributing to their maintenance.  They are staying with their mothers.

·        He was working at the time of his arrest as a carpenter at Kei Road earning R500.00 per week.

·        He has been in custody for 6 months.

·        The accused had partaken of alcohol that evening.

 

[4]        The effects of the rape on the complainant have been amply explained by the complainant’s daughter.  The complainant is 60 years old.  She suffered from depression and had been treated by Dr Sokupa since 9 February 1994.  According to him/her she suffers from Manic Depressive State of Bipolar type and is under treatment.  Complainant’s daughter testified that the condition of the complainant was exacerbated by this incident.  She has developed anger towards her family and grandchildren.  She had to leave her house and now stays with her daughter. 

This is one of the worst gruesome rapes thus has ever dealt with.  I find no substantial and compelling circumstances which justify a sentence less than the prescribed.

[5]        Consequently, I sentence the accused as follows:

Count 1:  Housebreaking with intent to rape:  sentenced to undergo three years             imprisonment.

Count 2:  Rape:  Life imprisonment.

Count 3:  Attempted Murder:  Fifteen years imprisonment.                            

   

 

 

M MAKAULA

Judge of the High Court

 

 

 

For the State:                     Adv Mtsila

                                                Director of Public Prosecutions

                                                Grahamstown

 

 

For the Accused:                Mr Solani

                                                Legal Aid

                                                Grahamstown

 

Dates Heard:                      10; 11/12/2018

 

Conviction Delivered:         11 December 2018

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