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[2023] ZAECMKHC 7
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S v Mantshongo (CC 53/2022) [2023] ZAECMKHC 7 (19 January 2023)
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
GRAHAMSTOWN
Heard
on:
18 & 19 January 2023
Delivered
on:
19 January 2023