The Elukwatini Regional Court has convicted and sentenced 44-year-old Thami Cornelius Mbuyane to life plus an additional 10 years’ direct imprisonment for the rape of two women in Mayflower.
Mbuyane was sentenced on February 26.
According to Monica Nyuswa, the provincial spokesperson for the National Prosecuting Authority, the offences were committed between November 2019 and October 2020.
In the first incident, which occurred in October 2020, a victim living with a disability was at home with friends when the accused arrived and inquired about her condition.
”The friends later accompanied her to a local shop. The accused followed them and, along the way, suddenly grabbed the victim, assaulted her, and forcibly took her away. Despite her resistance, he dragged her to his shack where he raped her,” said Nyuswa.
In the second incident, a victim was walking home from a local shop when she encountered Mbuyane.
”He initiated a conversation and subsequently threatened her with a knife. He then dragged her to his shack and raped her. The victim’s friends became suspicious after observing her emotional distress and questioned her. She led them to the shack, where they found Mbuyane,” Nyuswa explained.
“When confronted, he pleaded with them not to report the matter. The incident was reported to the police, and Mbuyane was subsequently arrested,” Nyuswa explained.
During the trial, Mbuyane denied the allegations, claiming the sexual acts were consensual and that he was in a romantic relationship with one of the victims.
To rebut this version, State Prosecutor Mxolisi Biyela presented compelling evidence, including: Victim testimonies and first reports.J88 medical reports. Corroborating witness testimony. Positive DNA results linking the accused to the offences.
The court found the State’s witnesses credible and rejected the accused’s version as false. He was convicted on two counts of rape.
In aggravation of sentence, Prosecutor Biyela emphasized the vulnerability of women particularly those living with mental impairments and argued that society cannot tolerate the marginalization and abuse of women by such perpetrators.
The court found no substantial or compelling circumstances to deviate from the prescribed minimum sentence. Mbuyane was sentenced to life imprisonment for the rape of the mentally impaired victim and 10 years’ direct imprisonment for the second rape.
Furthermore, the court ordered that Mbuyane’s name be entered into the National Register for Sex Offenders and declared him unfit to possess a firearm.
