Women and children had their rights enshrined in the constitution of the country, and the courts had the responsibility to protect these, Magistrate Thembela Mata said, in sentencing Zamuxolo Matshoba, 45, from Extension 6 in Joza, to 15 years in prison in the Grahamstown Regional Court on Friday.
Women and children had their rights enshrined in the constitution of the country, and the courts had the responsibility to protect these, Magistrate Thembela Mata said, in sentencing Zamuxolo Matshoba, 45, from Extension 6 in Joza, to 15 years in prison in the Grahamstown Regional Court on Friday.
Matshoba raped a 12-year-old girl in a toilet in September last year. According to court documents, he had been visiting his girlfriend, who is the girl's relative. The relative was using the inside toilet, so the girl had to go and use a toilet outside the house.
Matshoba followed her and raped her. Her screams alerted her brother, who came to her rescue.
“Abuse of children and women is prevalent in society," Mata said. "Women and children have their rights enshrined in the constitution of the country, and the courts have the responsibility to protect those rights.
“This is serious in that it happened to a child. She trusted you, and she lost her virginity at an early stage,” he said.
Matshoba, a father of four children, had pleaded not guilty, maintaining his innocence throughout the trial.
“You pleaded not guilty although there is evidence linking you to the crime. You did not show any remorse for your actions,” Mata said.
“Communities are up in arms complaining that the courts are not doing enough when dealing with rape cases.” However, he said there were substantial and compelling circumstances to justify deviating from the prescribed minimum of life in prison.
“Your age is taken into consideration, you have no pending cases and there's a possibility that you can reform,” said Mata.
Matshoba's name will be registered in the National Register for Sex Offenders.
He may apply for parole after serving half of his sentence.
