GRANDSON SENTENCED TO 20 YEARS FOR RAPING GRANDMOTHER
He put on a condom before raping his grandmother
The High Court of South Africa, Eastern Cape Division, sitting in East London, has sentenced Anda Nogwanya (24) to 20 years imprisonment after pleading guilty to raping his 76-year-old maternal grandmother.
The incident happened on 6 December 2022 at Emigeni Informal Settlement, Ducats South, East London.
Anda Nogwanya, the biological grandson of the now-deceased complainant, suffered from advanced Alzheimer’s dementia, rendering her mentally incapacitated and physically frail.
She resided with her daughter, the mother of the convicted rapist, as well as another younger grandson. On the day of the incident, the complainant was left alone in her shack by her daughter.
Nogwanya arrived in the early afternoon, undressed, and put on a condom before raping his grandmother. The assault on the granny was interrupted when Nogwanya’s younger brother budged into the shack upon hearing their grandmother’s cries.
He alerted an adult, and together they returned to the shack. Nogwanya, still naked, falsely claimed he was about to bathe, then pushed them away and fled, clad only in a towel. The matter was reported to the police, and the complainant was medically examined.
A laceration was noted consistent with sexual assault. She was further assessed by a clinical psychologist who concluded that she was both mentally and physically disabled and, therefore rendered extremely vulnerable.
In his plea explanation, Nogwanya admitted to having smoked dagga with friends before returning home under the influence when he found his grandmother lying in bed and decided to rape her.
He had initially intended to use the condom with his girlfriend, he claimed. He expressed his remorse, adding that he was severely assaulted by community members who had gathered after his younger brother had raised the alarm.
During sentencing, Advocate Andile Nohiya vigorously argued for an appropriate sentence, emphasising the severity of the crime against a vulnerable victim and the need for justice to be served. Advocate Nohiya stressed that the accused’s actions demonstrated a blatant disregard for his grandmother’s dignity and well-being and that the sentence should reflect the gravity of the offence.
The court faced a complex situation, with the accused’s mother and other family members torn between loyalty and justice. They blamed the mother of the perpetrator for her son’s arrest, citing the complainant’s passing in May 2023 as a reason for the case to be dropped. The defence also requested a withdrawal, and the younger brother described him as a responsible and financially supportive sibling. Advocate Nohiya countered that the complainant’s medical condition would have prevented her from testifying even if she were alive. The state insisted that the law must take its course, regardless of family dynamics or the complainant’s passing.
The court agreed that the accused’s actions demanded accountability and a fitting sentence was necessary to uphold justice and protect vulnerable individuals. Eastern Cape Director of Public Prosecutions, Mr Barry Madolo, praised the sentence, stating that it reflects the NPA’s dedication to safeguarding vulnerable individuals and upholding justice.
This collaborative effort ensures that justice is served, and vulnerable individuals are protected, sending a powerful message that such heinous crimes will not be tolerated. The sentence further serves as a beacon of hope for victims and their families, demonstrating that the justice system is dedicated to upholding the rights and dignity of all individ
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