The appeal by Sibongiseni Fano Gwala, who was convicted of multiple counts of rape of minors and robbery, has been dismissed.
The High Court in KwaZulu-Natal, Pietermaritzburg, delivered its judgment on 22 November 2024, upholding a life sentence for each of the three counts of rape and 15 years for robbery.
Gwala was convicted in the Regional Court of Inkanyezi in June 2021 after being found guilty of raping three young females, all under the age of 16, and further charged with an aggravated robbery.
The evidence presented illustrated a harrowing account of how the girls, returning from school, were accosted by Gwala, who threatened them with a firearm.
While the appeals court acknowledged a misunderstanding regarding the initial sentencing terms, it clarified that Gwala had indeed received life sentences on each count of rape, thus reinforcing the gravity of the convictions.
Judge AJ Hadebe, concurring with Judge J Mossop, highlighted the lack of any substantial mitigating factors presented during the sentencing phase. Gwala’s personal circumstances, including his prior lack of employment and having been in custody for two and a half years prior to sentencing, did not outweigh the gravity of his crimes. The court found that the brutal nature of the assaults and the victims’ ages warranted the strictest penalties under South African law.
The ruling also addressed Gwala’s attempts to argue for a lesser sentence, suggesting that the duration of his pre-sentencing detention should play a role in mitigating his punishment. This assertion was firmly rejected, reiterating that such a time in custody cannot justify deviations from the mandated life sentences connected to his convictions of raping minors.
