State's appeal leads to life imprisonment for Facebook rapist

A convicted rapist who lured his Facebook victims with the promise of employment before raping them at knife-point recently had his 15-year sentence escalated to life imprisonment. 

Philani Ndwandwe was sentenced in the Durban High Court after the State took his 2023 rape sentence on appeal.

National Prosecuting Authority (NPA) spokesperson, Natasha Ramkissoon-Kara, said Ndwandwe, between July 2018 and April 2020, engaged the complainants on Facebook and promised them employment. 

“He would then meet each of the complainants at a specified location in the Amaoti and Congo areas, where he would accompany them further. En route, he would force them into a bush/roadside and rob them at knifepoint and rape them. Following his appearance in the Ntuzuma Magistrate’s Court, Ndwandwe pleaded guilty to the five counts of rape and was sentenced to 15 years’ imprisonment on each count.

“Two of these rape counts attracted the minimum sentence of life imprisonment because one of the complainants was physically disabled and the other rape involved the infliction of grievous bodily harm. While the court did not find any substantial and compelling circumstances to deviate from the minimum sentence of life imprisonment, the court sentenced Ndwandwe to 15 years’ imprisonment on each count (including the ones that attracted life imprisonment),” said Ramkissoon-Kara. 

Aggrieved by the sentences imposed on the two rape counts, which attracted the minimum sentence of life imprisonment, Chief Prosecutor of the Ntuzuma Cluster, Advocate Amy Kistnasamy, referred the matter to the office of the Director of Public Prosecutions in KwaZulu-Natal.

“Based on the merits, it was decided that the State would appeal the sentence. The State applied to the High Court for leave to appeal the sentences. This was granted,” said Ramkissoon-Kara. 

Representing the NPA, Advocate Kelvin Singh articulated the detrimental consequences faced by the victims, painting a vivid picture of the long-lasting trauma inflicted upon those affected. 

Singh argued that the trial court was obliged to impose life imprisonment in terms of the minimum sentencing legislation for those two counts of rape, where the minimum sentence of life was applicable.

He told the court that the offences of rape violated the complainants’ constitutional rights, including their rights to bodily integrity and humanity.

Singh quoted cases from the Supreme Court of Appeal (SCA), where the court had increased an accused’s sentence from six years’ imprisonment to life imprisonment, asking that the appeal court employ the same principle in Ndwandwe’s matter.

“Further quoting the SCA, Singh mentioned that rape is one of the most invasive and horrendous criminal acts, and that despite the minimum sentencing legislation, this crime is at unprecedented high levels in South Africa,” said Ramkissoon-Kara.  

The Durban High Court agreed with the State’s argument, setting aside the 15 years’ imprisonment imposed on the two counts of rape and replacing them with life imprisonment.

The court highlighted the violence used on the complainants, the premeditation involved, and the seriousness of gender-based violence as part of its judgment.

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