IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT. CAPE TOWN)

In the matter between: 
THE STATE 
and
MICHAEL MQWABULO

SENTENCE

HLOPHE. JP

A little while ago I confirmed that you were properly convicted of rape in the Regional Court as charged. The Court in determining what is an appropriate sentence to be imposed upon a convicted accused will take into account a number of factors. These include the crime, that is the nature, the seriousness thereof, and the manner in which the crime was committed.

Furthermore the Court will look into the personal circumstances of the accused person, in this case yourself Mr Mqwabulo. I am aware of your personal circumstances, that you are married, you are a father of seven children, that you are 34 years old and so on and so on, I have no intention to rehash that.

The third factor, which is equally important, is the need to protect the community from people who commit such violent crimes. Rape is so serious and so endemic in our societies that Parliament in its wisdom passed the Minimum Sentence Legislation. According to the Minimum Sentence Legislation an accused person who is convicted of raping a child under the age of 16 years must be sentenced to life. The Court can only deviate from that prescribed compulsory sentence if it comes to the conclusion that there were substantial and compelling factors dictating otherwise.

A number of various sentencing options available to this Court and after considering various sentencing options I am satisfied that the accused must be sent away for a long time. The kind of sentence which I have in mind will give the accused person an opportunity to rehabilitate and be an honourable citizen of this country. It is such as to give a clear message, to send out a clear message to our societies that crimes of this nature, violence against women and children, will not be tolerated.