Case 1
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA DIVISION)
(
APPEAL CASE NO: A198/2020
COURT A QUO CASE NO: SH249/2019
DATE: 23 February 2021
In the matter between:
MAPHOSA: GIFT Appellant
- and -
THE STATE Respondent
Heard on: 23 February 2021 – This appeal was, by consent between the parties, disposed of without an oral hearing in terms of s 19(a) of the Superior Courts Act 10 of 2013.
Delivered: 1 March 2021 2021
Summary: Criminal law and procedure – conviction for the rape of a minor child – evidence of a single witness corroborated by medical evidence – imposition of life sentence absent any substantial or compelling factors – conviction and sentence upheld – guilty plea in respect of contravention of the Immigration Act – appeal against sentence dismissed – order that appellant be deported after completion of sentence. JUDGMENT MILLAR, A J
Case 2
On 2 October the appellant, a 33-year-old man was arraigned in the Regional Court for Benoni on 2 counts. The first, count 1, was a charge of rape[1] in respect of a 12-year-old child and the second, for contravention of the Immigration Act[2], in that he entered and remained within the Republic without the required valid documentation.
He was found guilty and convicted on both counts. On 13 May 2020 he was sentenced to life imprisonment for the rape and to 2 years’ imprisonment for the contravention of the Immigration Act.
ORDER
On appeal from: The Benoni Regional Court (Regional Magistrate Schutte sitting as Court of first instance):
(1) The appeal against the conviction and sentence on the count of rape is dismissed
(2) The appeal against the sentence imposed for contravening section 49(1)(a) of the Immigration Act 13 of 2002 is dismissed.
On appeal from: The Benoni Regional Court (Regional Magistrate Schutte sitting as Court of first instance):
(1) The appeal against the conviction and sentence on the count of rape is dismissed
(2) The appeal against the sentence imposed for contravening section 49(1)(a) of the Immigration Act 13 of 2002 is dismissed.
(3) The appellant’s conviction and sentence by the Benoni Regional Court be and is hereby confirmed.
(5) The appellant is to be deported after serving his sentence.