Accused rapist sentenced to 10 years
Complainant made good impression on court.
On Tuesday, 5 September, in the Roodepoort Regional Court, 32-year-old Nditsane Magau was sentenced to 10 years’ imprisonment for attempted rape and assault.
Magistrate Delize Smith said the 19-year-old complainant made a good impression on the court, that she testified clearly, chronologically, without hesitation and could answer all questions put to her in a clear way. By contrast, she said Magau did not make a good impression and often contradicted himself. She also said it seemed like he had no remorse and that he did not deem his crime as serious.
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The attempted rape and assault occurred in March 2016. On the day in question Magau, picked up the complainant in Bree Street in the Johannesburg CBD to transport her to Roodepoort. She had been living in Roodepoort for only three months and did not know the area. At the last moment he deviated from the route to her destination and in a field near the corner of Swart and De Wet Streets attempted to rape her. She fought back ferociously, screaming and angering him more and he proceeded to assault her with a wheel spanner. Her screams attracted the attention of by-passers and Magau fled. Magau thought that because it was dark she would not be able to recognise him and could not see his registration. But later on she saw him again and took down his registration. With the help of the taxi associations, the police were able to identify him, and even though Magau then knew they were looking for him he did not hand himself over, but merely changed his taxi route to Randburg.
Also read: Breakthrough in ‘Rape Taxi’ case
The State lamented the fact that regardless of Women’s Month just having been celebrated, the call to stop violence against women is still not heeded. Before sentencing Magau, Smith said the fact that Magau was the provider for his two children as well as his wife for whose studies he was paying and that he was a first time offender served as mitigating circumstances. But the fact that the assault was so furious, that his victim was young, that she was a new resident and trusted him to transport her and that he was aware of his own HIV status, were aggravating circumstances.
Smith also said the number of rapes committed by taxi drivers in Roodepoort was alarming. She said rape violates citizens’ constitutional right to privacy, dignity and to choose with whom they want to have sex.
“The Roodepoort Court must send a clear message that this offence is not acceptable and this sentence must ensure that you do not commit such an offence again. It must also serve as a deterrent to others and make them realise it is not worth it,” she told Magau.
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