Two brothers have been jailed for the rape of their minor cousin when she was seven years old at the time.
The rapes date back to 2014 at a house they shared at Soweto on Sea near Gqeberha when one of the men was also underage at the time. The men - one who will serve a life term and the other who will serve 10 years behind bars - cannot be fully named to protect the identity of the victim.
According to a statement by the National Prosecuting Authority (NPA) spokesperson, Luxolo Tyali, the men share the same surname as the victim as she was born of their maternal aunt.
“In 2018, the victim's younger sister was playing with old books at home when she discovered a letter written by the victim. She gave it to their mother, who confronted the young girl. The minor, who was seven years old at the time of the offence, admitted that she had been raped by the two brothers. The mother then confronted them, but they denied the allegations.
“The victim’s mother reported the matter to the police, and the brothers were arrested. The minor girl was taken to the Thuthuzela Care Centre (TCC), where she was medically and psychologically treated,” said Tyali.
Regional court prosecutor, Wonga Jita, led the victim's evidence.
The victim testified that after school, she would go to her aunt's house, where one of the brothers lived.
“Whenever her aunt was not around, Melumzi would sexually assault her on multiple occasions. On one occasion, Nkululeko visited the house, and Melumzi instructed him to rape her, which he did. Additional evidence was provided by the victim's mother, who detailed her confrontation with the brothers and their family. A medical report also confirmed the possibility of penetration,” said Tyali.
Court preparation officer, Eric Blouw, compiled a Victim Impact Statement which outlined the significant psychological and emotional trauma the complainant has suffered as a result of the assault.
“Nkululeko, who was an adult at the time of the offence, was sentenced to life imprisonment by the Minimum Sentence Act. Melumzi, who was a minor at the time, was sentenced to 10 years’ imprisonment. It was ordered that their names be entered in the sexual offenders register,” said Tyali.
Director of Public Prosecutions for the Eastern Cape, Barry Madolo, commended the court's decision.
Madolo said the sentence sends a clear message that such crimes will not be tolerated and that the justice system will hold perpetrators accountable, ensuring that vulnerable victims are protected.