Court denies child rapist's appeal

Failing to poke holes in the credible testimony of his 13-year-old rape victim and her mother, a rapist’s appeal against his conviction and sentence has failed in the Western Cape High Court. 

Thanduxolo Nashwa, who went on trial at the Wynberg Regional Court, appealed against his 18-year prison sentence, but this was denied by acting Judge Esmari Jonker, who said that his case made before the court was improbable and inconsistent with the overall probabilities that it could not reasonably be true.

The rape occurred on 21 November 2021. In his appeal, he disputed the credibility and reliability of his victim as a single minor witness.

However, Jonker said Nashwa’s version was contradicted by the complainant, her mother, and the medical evidence.

The high court said there was no basis to interfere with the regional magistrate’s judgment on conviction.

During the trial, the court heard that the complainant knew Nashwa, who resided across from her and her mother at their hostel. 

They would occasionally converse about topics such as school and cooking, and she regarded him as an older brother.

On the day of the incident, it was the complainant’s version that she had attended a party and returned home by 9pm. She went to bed but later awoke feeling nauseous at approximately 11pm. 

After using the bathroom, she encountered Nashwa, who asked her to assist him with the light in his room. The girl then entered Nashwa’s room when he closed the door and pushed her onto his bed

In Nashwa’s version he said that he found the complainant lying next to the toilet.