S v Ngqeza (CC26/2022) [2023] ZAECMKHC 125 (6 February 2023)

S v Ngqeza (CC26/2022) [2023] ZAECMKHC 125 (6 February 2023)

The court found that the accused's conduct constituted a deliberate and systematic scheme to recruit and lure naive young women under false pretenses for sexual exploitation. The evidence presented by the State, including consistent and corroborated testimony from multiple complainants, WhatsApp communications, and photographic evidence, overwhelmingly established the accused's guilt beyond a reasonable doubt. The accused's explanations were found to be contrived, improbable, and unsupported by the evidence. The court held that the accused's actions satisfied the statutory requirements for rape, attempted rape, and trafficking in persons, and that the complainants' evidence was credible...

Citation
[2023] ZAECMKHC 125
Parties
Applicant: The State; Respondent: Khululekani Justin Ngqeza
Court
Eastern Cape High Court, Makhanda
Jurisdiction
South Africa
Judgment Date
6 February 2023
Case Number
CC26/2022
Procedural Posture
Criminal Trial / Judgment
Outcome
The accused is found guilty of seven counts of rape, one count of attempted rape, and thirteen counts of trafficking in persons. He is acquitted on count 14.
Judges
Smith
Legal Topics
Rape, Sexual Offences and Related Matters Amendment Act, Trafficking in Persons, Prevention and Combatting of Trafficking in Persons Act, Credibility of Witnesses, Modus Operandi
Criminal Law Rape Sexual Offences and Related Matters Amendment Act Trafficking in Persons Prevention and Combatting of Trafficking in Persons Act Credibility of Witnesses Modus Operandi

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The State

Applicant

Khululekani Justin Ngqeza

Respondent

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the accused committed rape and attempted rape as charged.
  2. 2 Whether the accused trafficked the complainants for sexual exploitation under section 4(1) of Act 7 of 2013.
  3. 3 Whether the accused's conduct constituted fraud and deception for the purpose of sexual exploitation.

Ratio Decidendi

The court found that the accused's conduct constituted a deliberate and systematic scheme to recruit and lure naive young women under false pretenses for sexual exploitation. The evidence presented by the State, including consistent and corroborated testimony from multiple complainants, WhatsApp communications, and photographic evidence, overwhelmingly established the accused's guilt beyond a reasonable doubt. The accused's explanations were found to be contrived, improbable, and unsupported by the evidence. The court held that the accused's actions satisfied the statutory requirements for rape, attempted rape, and trafficking in persons, and that the complainants' evidence was credible...

Court Disposition

The accused is found guilty of seven counts of rape, one count of attempted rape, and thirteen counts of trafficking in persons. He is acquitted on count 14.

Orders

  • The accused is convicted on counts 4, 6, 9, 11, 13, 17, and 22 for rape.
  • The accused is convicted on count 2 for attempted rape.