Hefty sentences meted to farm attackers and rapists

Hefty sentences were meted out tofour men found guilty of farm attack and rape by different courts in three separate incidents in the province.

First to be sentenced, are two men, Kansas Mintoor aged 34 and Andries Funwako Masilela Nkabinde aged 47, that were sentenced on 15 August 2018, by the Evander Regional Court for two counts of robbery with aggravating circumstances (farm attack), attempted murder, two counts of kidnapping, three counts of unlawful possession of firearm as well as ammunition.

The sentencing of the pair, came after court heard how they shot a 55 year old farmer while he was entering his house with his wife. They ambushed the couple while they were coming from the airport entering their house. They were held at gunpoint immediately after alighting from their vehicle. A struggle ensued between the man and the attackers resulting in a shot going off and hitting the victim.

The suspects went inside the house, ransacked it and robbed the victims of firearms, laptops as well as belongings before fleeing the scene in the victims’ bakkie, taking the victims along with them. The bakkie was found abandoned near a local filling station shortly after the victims had been dumped along the road. The suspects were subsequently arrested and had been kept in custody ever since.

During their appearance, Mintoor and Masilela Nkabinde was each sentenced to 20 years for each robbery which will run concurrently, 15 years for attempted murder of which five years of it will run concurrently with the above mentioned sentences. For the unlawful possession of firearms and ammunition, they were granted five and three years each, respectively that will run concurrently. They were also sentenced to three years for each charge of kidnapping which will also run concurrently. In essence each accused will serve an effective 38 years in jail.

On the other two incidents, of which sentences were passed on the same day by the North Gauteng High Court sitting in Barberton and the Nelspruit Regional Court.

On Friday, 24 August 2018, the North Gauteng High Court sentenced Raphael Marathon Livanje aged 24, to a total of 93 years imprisonment on twelve charges, five counts of rape, two counts of robbery with aggravating circumstances, three counts of housebreaking and two counts of theft.

The court heard how Livanje terrorised the community of Barberton from 2011 to 2013. He used to break into victims’ houses, threaten them with a knife, rape the victims before robbing them of their valuables. He was arrested in 2016 and positively linked with all the cases, hence the sentencing.

In all the rape cases, Livanje was granted 10 years each, seven years for each robbery and house breaking, five years for the theft of firearm and three years for the theft of cellphone. The court ordered that the robberies, housebreaking and the theft sentences, will run concurrently with two of the rape sentences. Therefore, Livanje will serve an effective thirty (30) years in prison.

On the last incident, the Nelspruit Regional Court sentenced Nkosinathi Sibusiso Ndzukula aged 25, to 15 years imprisonment for raping a 32 year old woman in 2014.

Ndzukula was sentenced after the court heard how he sexually abused his victim. The victim was coming from hospital when Ndzukula accosted and dragged her to a nearby bush, where he raped her. An investigation was launched which led to his arrest in 2016.

The Provincial Commissioner appreciated the sterling work done by the police and hoped that the sentences will serve as a deterrent to other would-be offenders.

Source: South African Police Service