S v Mantshongo (CC 53/2022) [2023] ZAECMKHC 7 (19 January 2023)
- Citation
- [2023] ZAECMKHC 7
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Eastern Cape High Court, Makhanda
- Panel
- T Malusi
- Case number
- CC 53/2022
More details
- Court
- Eastern Cape High Court, Makhanda
- Panel
- T Malusi
- Case number
- CC 53/2022
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the accused, by his own admissions in the section 112(2) statement, satisfied all the elements of the offences charged. He described in detail how he accosted and attacked each complainant, used a knife or strangulation to overpower them, and raped them without consent. In the robbery count, the use of a knife was accepted as an aggravating circumstance. The accused acknowledged the wrongful and unlawful nature of his actions and the absence of consent. The court was satisfied that the guilty plea was unequivocal and covered all statutory requirements. Accordingly, the accused was found guilty on all counts as charged.
Court disposition
The accused is found guilty as charged on all counts.
Orders
- The accused is convicted on four counts of rape and one count of robbery with aggravating circumstances.
02
Material facts
Parties
The State
Applicant Counsel: Mr SogaXolisani Mantshongo
Defendant Counsel: Mr Sojada03
Procedural history
Posture
Criminal Trial / Guilt Phase
04
Questions and positions
Legal issues
- 01
Whether the accused admitted all elements of rape and robbery with aggravating circumstances.
- 02
Whether the guilty plea satisfies the requirements of section 112(2) of the Criminal Procedure Act.
- 03
Whether the use of a knife constitutes an aggravating circumstance for robbery.
Party arguments
- Applicant
- The State relied on the accused's admissions in his section 112(2) statement, which detailed his actions and intent regarding each count. The State submitted that the accused's conduct met all the statutory elements of rape and robbery with aggravating circumstances, including the use of a knife and lack of consent from the complainants.
- Respondent
- The accused, through his legal representative, admitted to all charges and provided a detailed account of his actions, acknowledging the wrongful and unlawful nature of his conduct. He confirmed that none of the complainants consented and that he acted intentionally. No contest was raised regarding the facts or legal elements.
05
Court’s reasoning
Legal principles
- 01
Criminal Procedure Act 51 of 1977
A guilty plea under section 112(2) of the Criminal Procedure Act is sufficient if the accused admits all elements of the offence.
- 02
Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007
Rape is committed when a person unlawfully and intentionally engages in sexual intercourse with another without consent.
- 03
Criminal Law Amendment Act
Robbery with aggravating circumstances is established where violence or threats, such as wielding a weapon, are used during the commission of the offence.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the accused, by his own admissions in the section 112(2) statement, satisfied all the elements of the offences charged. He described in detail how he accosted and attacked each complainant, used a knife or strangulation to overpower them, and raped them without consent. In the robbery count, the use of a knife was accepted as an aggravating circumstance. The accused acknowledged the wrongful and unlawful nature of his actions and the absence of consent. The court was satisfied that the guilty plea was unequivocal and covered all statutory requirements. Accordingly, the accused was found guilty on all counts as charged.
Obiter and limits
- The isolated and deserted nature of the crime scene contributed to the vulnerability of the complainants.
- The court emphasised the importance of clear admissions in section 112(2) statements to ensure the integrity of guilty pleas.
Court disposition
The accused is found guilty as charged on all counts.
- The accused is convicted on four counts of rape and one count of robbery with aggravating circumstances.
Source and reliance status
Eastern Cape High Court, Makhanda
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Eastern Cape High Court, Makhanda
Judgment
IN
THE HIGH COURT OF SOUTH AFRICA
(EASTERN CAPE LOCAL DIVISION – MAKHANDA)
Case No: CC 53/2022
In the matter between:
THE
STATE
and
XOLISANI
MANTSHONGO
Accused
JUDGMENT
MALUSI J:
[1] The accused, a 25-year-old male person, is charged with four (4) counts of rape in contravention of s3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 32 of 2007 and a single count of robbery with aggravating circumstances.
[2] The accused tendered a guilty plea to all the charges. His legal representative, Mr Sojada, read into the record a statement in terms of s112(2) of the Criminal Procedure Act 51 of 1977.
[3] The accused admitted he accosted each of the complainants on the various dates specified in the indictment at or near the Golf Course, Fort Beaufort following the same modus operandi. The area is isolated and was deserted on each of the four (4) occasions.
[4] He admitted that he attacked each of the complainants and brandished a knife, except in count 3 where he strangled the complainant. After overpowering the respective complainant, he proceeded to rape each one once. He would thereafter flee the crime scene. He admitted the truth of all the allegations in each count in the indictment.
[5] In count 4 he admitted that he robbed the complainant of her property specified in the indictment whilst wielding a knife before raping her. I am satisfied that the use of the knife qualifies as an aggravating circumstance in the robbery.
[6] The accused admits that he knew his actions were wrongful and unlawful. He further admits that none of the complainants consented to engage in sexual intercourse with him. I am satisfied that he acted with the requisite intent on all the counts.
[7] In the circumstances I am satisfied that the accused has admitted all the elements in each count.
[8] He is accordingly found guilty as charged.
T
MALUSI
Judge of the High Court
Appearances:
For the State: Mr Soga instructed by
Director of Public Prosecutions
GRAHAMSTOWN
For the Accused: Mr Sojada instructed by
Legal Aid Board
Heard on: 18 & 19 January 2023
Delivered on: 19 January 2023
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