A 46-year-old Verulam man was given nine life sentences and an additional 173 years’ jail time in the Durban High Court after he was found guilty of multiple counts of rape, human trafficking, pornography and child abuse perpetrated against his 10-year-old stepdaughter.
The case made headlines in June 2018 when the man was arrested for raping his stepdaughter multiple times, making pornographic videos of the little girl and selling her online to men and women. The child had been living alone with the man since the death of her mother in 2014. This is the first time in South Africa that a parent, guardian or caregiver has been convicted of all these crimes in one case, according to the investigating officer Nivi Lutchminarain.
During his testimony the man confirmed that his stepdaughter was the child depicted in the videos and photographs performing sexual acts with an adult male and posing in lingerie, while exposing and touching her genitalia. However, under cross-examination he denied that he appeared bare-chested and in underwear in a number of the images. He also became aggressive when he was questioned during cross-examination about all the evidence against him.
The man was also found guilty of giving the child cannabis to smoke and preventing her from attending school. When the child refused to comply with his demands or would say she was tired, he would imply he would kill her. The man was arrested when neighbours called the police after the girl approached them for help. When the accused first appeared in court, angry members of the community protested outside the Verulam Magistrate’s Court.
At the time a neighbour, Roopnand Dhanukdhari, told Tabloid Newspapers they would often hear the victim crying and the accused yelling at her. Dhanukdhari said when he tried to intervene the accused threatened to shoot him and told him to mind his own business. “He told me I should not interfere in the disciplining of his child. That day I was fed up with hearing her cry, I had to do something,” Dhanukdhari said.
Another resident, Nomzamo Gcula, who grew up in the informal dwelling said they had often wondered why the victim never went to school or played with other kids. “The only time we would see her outside was if she was in the company of her stepfather. On several occasions we tried to approach her but she was not allowed to speak to us. However that changed on the night she approached another neighbour for help because her lip was bleeding. That’s when she spoke up,” Gcula said.
During the man’s sentencing on Friday, 26 March, judge Mohini Moodley said the accused attempted to portray himself as an ‘ingenuous victim’. “However, he was an inveterate liar. His arrogance and narcissism was evident in his responses in court as well as from his propensity to take photographs of himself. He is clearly intelligent, because he was able to think on his feet and fabricate answers to further his version very quickly. Nevertheless, he did get caught up in the web of his lies because of his own inconsistencies and contradictions.”
His sentences are to run concurrently. Members of the victim’s family refused to comment. Lutchminarain said he was pleased with the sentence. “It took many long hours and sleepless nights to secure this conviction. I would like to thank all the relevant role-players who assisted me during my investigation, especially Senior State Advocate Sheryl Naidu. She put up an outstanding fight.” Mala Pather of the Verulam Child and Family Welfare Society said with the necessary counselling she hoped the child would would be able to lead a normal life. “We urge the community to report rape cases and be vigilant. The community must come forward. Rape can go on for years before it is even discovered.”
