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South Africa: Western Cape High Court, Cape Town
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2003
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[2003] ZAWCHC 89
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S v Manina (SS194/03) [2003] ZAWCHC 89 (27 October 2003)
IN
THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT. CAPE
TOWN)
CASE
NO
:
SS194/03
DATE
:
27
October 2003
In
the matter between:
THE
STATE
and
LUPELO
MANINA
SENTENCE
VAN
DER WESTHUIZEN. AJ
Mr
Manina you have been found guilty of the crime of rape, your victim
an 18 year old girl at the time, who was in grade 11 at school,
was
the ex-girlfriend of your co-perpetrator, the man who has been
referred to in the trial as Price. The complainant was well
known to
you, as well as Price, who was your friend.
Now
I accept on the night in question that when they arrived there that
they indeed sought from you refuge in the sense of finding
a place to
sleep that night and that played a role in the following finding,
that you did not plan an attack on the complainant
at all.
I
will accept in your favour that your judgment was clouded by the
effect of smoking dagga, Mandrax and drinking liquor that night,
but
most certainly not to the extent that it exculpates you or diminishes
the gravity of what you had done in a meaningful way.
You certainly
did not cause the complainant serious injury, and you certainly
didn't play a leading role in the attack on the complainant.
I
take into account that at 28 having passed standard 6 and with a
clean record that you are not a bad sort of guy at all. I take
into
account that you have got one child, I believe she is 13 years old,
whom you have supported and who is now being supported
by your
father. I also accept that but for an attack by a mob in which you
lost your arm and your eye you would have continued
in your
employment with Market Toyota, and that up to the time of your
incarceration your only income was a disability grant.
Now
the way society views the crime of rape must have been brought home
to you by now. it is indeed regarded as a very serious offence.
From
the viewpoint of the complainant you must understand that it is not a
plain and simple and forgotten sexual encounter. Mentally
it is a
brutal attack on her personality, her sense of wellbeing and her
integrity, which causes her untold misery and anxiety,
and you must
understand that it is not only the physical effects of the attack,
but the mental effects of the attack that needs
to be considered in
passing sentence. You must also understand that in the days when
women were regarded as less equal than men
has now long since passed.
Women are the equal of men in the eyes of the law and should also be
the equals of men in the eyes of
all levels of society And what you
and your friend have done is to seriously infringe one of the basic
tenets of our constitution
where everybody is equal, men and women,
all alike. We simply cannot tolerate men who treat women as lesser
beings to do with whatever
they please, such as what you and your
friend Price has done.
Not
a day goes by that there is not a case emanating from areas of
Khayalitsha and Gugulethu that end up in this court with these
kind
of offences having to be adjudicated upon. This kind of offence and
the general misbehaviour towards women is something that
abhors the
Court, and it should abhor every level of society. It is no wonder
that the legislature decreed that the appropriate
sentence in a case
such as this where you and a friend. Price, carried out your attack
on this poor defenceless woman needs to
be sentenced very heavily
with life imprisonment. However the legislature in its wisdom decreed
that if the Court were
to find substantial and
compelling circumstances that justify a lesser sentence the Court
would be right to note that on
the record, and then sentence you
accordingly to a lesser term of imprisonment than a life sentence.
Now
none of the factors which your counsel, Ms
Abrahams
had
mentioned individually merit a finding of substantial and compelling
circumstances. Taken cumulatively however you are fortunate
that I
have come to the conclusion that all these factors that I have
mentioned earlier, taken cumulatively does merit the finding
of
substantial and compelling circumstances and counsel for the State,
Mr
Wolmarans
was correct in making that concession.
In
the circumstances Mr Manina I
SENTENCE
YOU TO A PERIOD OF 18 (EIGHTEEN) YEARS IMPRISONMENT
However
I will add to that the order that after a lapse of a period of 8
(eight) years, the prison authorities will be granted the
power to
determine whether or not your sentence should be converted to
correctional supervision. I have taken this in view of the
fact that
you are a disabled man, and the fact that you have passed standard 6
and may well be able in the next eight years to
qualify yourself to
pass grade 12, if you were to apply yourself. So if you behave
yourself, and you cure yourself of your addiction
to drugs. Mandrax
and dagga, because I believe that is sometimes obtainable in prison,
and you satisfy the prison authorities
that you are proper
rehabilative material it may well happen that after eight years they
convert your sentence to correctional
supervision. If you do not
satisfy their requirements this means that you will be in prison for
the full eighteen years.
I
urge you to make the best of this opportunity.
VAN
PER WESTHUIZEN. AJ