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South Africa Judgment

Eastern Cape High Court, Makhanda

S v Mantshongo (CC 53/2022) [2023] ZAECMKHC 7 (19 January 2023)

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Research organized from the available case record

Source document

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 Soga

Xolisani Mantshongo

Defendant Counsel: Mr Sojada

03

Procedural history

  1. Posture

    Criminal Trial / Guilt Phase

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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.

  3. 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

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Judgment reading view

Judgment text

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Source document

Eastern Cape High Court, Makhanda

Judgment

[2023] ZAECMKHC 7

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

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Criminal Procedure Act 51 of 1977

Legislation

Legislation referenced in the available case record.

Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007

Legislation

Legislation referenced in the available case record.

Criminal Law Amendment Act

Legislation

Legislation referenced in the available case record.

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