Africa-Press – South-Africa. A woman who was raped, and her grandmother murdered, was described as a credible witness who helped the court convict their attackers.
Judge Moleboheng Mdalana-Mayisela praised the woman, who, as a victim of rape, cannot be identified.
“She was honest and a fair witness. Five other witnesses corroborated her evidence. She was the single witness. I accept her evidence as true. She pointed out the ring worn by one accused,” Mdalana-Mayisela said.
The victim, now aged 23, identified Phakamile Aaron Mweba, 44, as the person who raped her on 17 July 2020.
On that day, Mweba and Moses Nkosinathi Gqoba, 52, forcefully entered the home of the two victims in Dobsonville, Soweto. They broke down the burglar bars and entered through the sliding door.
Mweba went to the 21-year-old granddaughter’s room and raped her. Gqoba went to the 61-year-old woman’s room, where he assaulted and attempted to rape her. She was then also strangled. The grandmother was rushed to the nearby Tshepo-Themba Clinic in Soweto, but was declared dead on arrival.
Mweba and Gqoba left with the 21-year-old victim’s laptop.
Mweba was identified by a ring he was wearing at the time of the offence.
Mweba and Gqoba were identified by an angry mob as the perpetrators. They were assaulted before their arrest.
Two men appear in court after rape ordeal in which gran died, granddaughter survived
“The confessions made by both accused to two witnesses were (made) freely and voluntarily. They were seen carrying the granddaughter’s backpack containing her laptop.
“That laptop was found within hours after the robbery was committed. It was unlikely it exchanged hands before it was found. It was found a walking distance away from the home of the victims.
Mdalana-Mayisela said:
The court also found that Mweba was an unreliable witness, who contradicted himself and the evidence given by Gqoba.
Mweba gave three different versions and claimed evidence was planted on him.
“Gqoba (also) contradicted himself. He even disputed the version put by his counsel. He wasn’t an honest and credible witness. His version is not true and stands to be rejected.
“I find that the State proved his identity beyond a reasonable doubt. I find the State has proved all charges against the accused beyond a reasonable doubt.”
Mdalana-Mayisela added that, on the count of murder against Mweba, the State didn’t succeed in proving it on a common purpose.
“The evidence before me is that they went in separate rooms and each did his own thing,” said Mdalana-Mayisela.
Mweba was convicted of housebreaking with intent to rob, robbery with aggravating circumstances, and rape.
Gqoba was found guilty of murder, attempted rape, housebreaking with intent to rob, and robbery with aggravating circumstances.
Relieved
The family spokesperson, who also cannot be identified because his name may reveal the victim’s identity, welcomed the convictions.
“We are relieved that the court found them guilty. We are happy that the guilty verdict has been found. The court has applied evidence brought by witnesses. We are happy with the state we are in currently. We hope the court will deliver a proper sentence.
“The sentence that will be imposed will not bring our mother back. We have solace in the fact that the culprits will be punished for their deeds. We are hoping for life imprisonment or a sentence that carries the same weight,” he said.
Mweba and Gqoba are expected back in court on 2 November for pre-sentencing proceedings.
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