From:: The Registrar, Supreme Court of Appeal

Please note that the media summary is intended for the benefit of the media and does not form part of the judgment of the Supreme Court of Appeal.

THE STATE v KHEHLANI MVAMVU

[1] The Supreme Court of Appeal today (29 September 2004) upheld an appeal by the State against a decision of Moosa J sitting in the Cape High Court, in which he imposed an effective sentence of 5 years’ imprisonment on Mr Khehlani Mvamvu, a 33 year-old man from Qumbu in the Transkei, for the multiple rape (on two occasions) of his customary law wife.

[2] The first rape (six incidents) occurred during the period between 12 May and 15 May 1997 and second rape (two incidents) on 29 May 1997. The accused was convicted by the Magistrate on the two counts of rape, one count of abduction and one count of assault. He was then committed to the Cape High Court for sentence. The Court sentenced him to 5 years’ and 3 years’ imprisonment respectively for the two rapes and 3 years’ and 5 months’ imprisonment respectively for the abduction and the assault, having found that substantial and compelling circumstances were present in the case which justified the imposition of a lesser sentence than the life imprisonment provided for in s 51 of the Criminal Law Amendment Act 105 of 1997.

[3] Giving due weight to all the factors in the case and balancing them against the benchmark provided by the Legislature the SCA set aside the sentences imposed by the Cape High Court on the rape counts and replaced them with a sentence of 10 years’ imprisonment for each of the rape counts, and confirmed the 3 years’ imprisonment for the abduction and 3 months’ imprisonment for the assault. The sentences for the abduction, the assault and the second rape were ordered to run concurrently with each other and with the sentence of 10 years’ imprisonment imposed in respect of the first rape.