A sexual predator has been given three life terms for raping three Durban women.
|||Durban -
A sexual predator has been given three life terms for raping three Durban women, including an economist whose life and career were destroyed.
Durban High Court Judge Daya Pillay meted out the punishment on the eve of Women’s Day, describing Mlungisi Nelson Moyo, 27, a Zimbabwean living in Amaoti, as “a danger to society” who had “transcended the boundaries of being human”.
Moyo was found guilty on three counts of rape and three of robbery with aggravating circumstances.
Judge Pillay sentenced him to three terms of life imprisonment and seven years for each count of robbery.
“(Today) is a day of celebration for women, however the complainants in this case are so far from enjoying that day,” she said. “For this reason the court agrees with the prosecution in imposing the maximum sentence.”
The judge said the court viewed discrimination against women as an aggravating factor in the crimes Moyo had committed.
“Rape is a crime against women and it violates not only her right not to be discriminated against, it also violates their freedom of movement and thought and religion in the same way racial discrimination impeded these freedoms,” Judge Pillay said.
State advocate Vera Alamchand had asked the court to impose the maximum sentence for rape - life imprisonment - saying Moyo’s “heinous” and “absolutely barbaric” crimes had left his victims scarred for life.
“Rape has become an epidemic in our country and even more so in KZN… It is ironic that as we celebrate Women’s Day we will be celebrating and appreciating respect for women and we will all look at their economic, political and social achievements, and these women have been hindered in achieving the best they can and will have to live with the fear of this incident for the rest of their lives,” Alamchand said.
Giving judgment and sentence, Judge Pillay detailed the impact of rape on one of Moyo’s victims.
“She is badly disfigured and bruised. She lost weight and has difficulty walking. She has changed so much and she who was once a lady in high heels and a suit, an economist with a promising career with an investment firm, is now a dependent.
“She can’t hold a job or make decisions,” the judge said. “Her cognitive functions are almost non-functional. She is on anti-depressants and is moody and violent at times. She snaps at people, whereas previously she wouldn’t harm a fly.”
One of Moyo’s victims attended court yesterday and was comforted by her mother, who put her hands over her face and appeared to sob in relief on hearing the verdict.
Moyo put his face in his hands, mumbled to himself and shook his head.
In an amended indictment submitted to the court, it was described how, during the first incident in Umbilo Park on July 2, 2011, Moyo held up his victim at knifepoint while she was walking to work.
He robbed her of her cellphone and watch before dragging her into the bush where he bound her with strips of her clothing, gagged and raped her.
He attacked a second woman on September 9 that year as she walked along Bowen Avenue, Glenmore, and forced her into bushes, where he used strips of her clothing to bind and gag her. He raped her before fleeing with R150 and her cellphone.
Moyo’s third victim was attacked on September 22 when he forced her into a bush in the same area and raped her before fleeing with her cellphone and R50.
Moyo pleaded guilty to the charges but the judge entered a not guilty plea into the records due to contradictions in the plea, in which he claimed he had been under the influence of muti that he had taken to help him find work.
He declined to testify during the trial, in which it emerged that DNA evidence linked him to the rapes.
The judge said the plea had created a defence, which he had failed to substantiate, and had wasted the court’s time.
Judge Pillay said the evidence showed that his actions were “planned criminal conduct” and not as a result of muti.
She said he had shown no remorse and it was only due to “good police work” that he had been charged and found guilty of the third count of rape.
“The venue where he committed all of his crimes was the same. He knowingly took the complainants deep into the bushes. He attacked either at seven in the morning or in the evening. He chose his victims between the age of 20 and 30 and he used a knife to threaten them into submission. He tied their hands and their legs so they would have difficulty escaping… He refused to wear a condom,” Judge Pillay said.
The judge ordered that Moyo’s seven years for each count of aggravated robbery be served concurrently with his three life sentences.
Activists following the case welcomed the judgment and sentencing as a victory for women and the police.
“It is brilliant and I would like to extend my thanks to Warrant Officer Marshall Paton for the hard work he put into the case. I am very, very pleased,” said Vanessa Burger, former convenor of the Umbilo Action Group.
The DA spokeswoman on policing matters, Dianne Kohler Barnard, hailed the judgment and sentencing as “a massive success for the SAPS”. - Daily News