The Mpumalanga High Court has dismissed an appeal by a man serving a life sentence for the rape of a seven-year-old girl he regarded as his stepdaughter. The court, sitting in Mbombela, rejected challenges to both conviction and sentence in a judgment delivered on 1 July 2026.
Acting Judge President Takalani Vincent Ratshibvumo and Acting Judge Venter found no misdirection by the trial court. The original conviction and life term, imposed by the Mhala Regional Court in 2020, stand. The appellant, referred to only as G.M to protect the child’s identity, exploited his position of trust within the family.
Court Rejects Appeal and Affirms Life Sentence
The incident occurred in February 2018 at the family home in Motlatse Trust. The seven-year-old complainant, identified as FD in court papers, and her five-year-old sister returned from school. FD changed into a T-shirt, skirt and panties before falling asleep on a blanket on the floor. She woke to find the appellant, her mother’s boyfriend whom she considered a father figure, undressing her. He raped her while giving the younger sister money and instructing her to stand guard at the door and watch for their mother.
After the assault, FD bled from her genital area. Her mother confronted the appellant but did not report the matter to police after his brother urged her not to, saying he provided for the family. The grandmother later learned of the incident, inspected the child and took her for medical evaluation. The examination confirmed genital bleeding and injury.
The Regional Court in Mhala convicted the man of rape in March 2020 and sentenced him to life imprisonment on 7 July 2020. He maintained his innocence throughout, claiming the allegations were fabricated by the mother and grandmother.
On appeal, the appellant argued that medical evidence was inadmissible and that contradictions existed in the children’s testimony. He also contended that his personal circumstances, including a physical disability, justified a sentence below life imprisonment. The High Court dismissed these grounds. While one medical report was ruled inadmissible hearsay, the conviction rested on the credible testimony of the two children, given through an intermediary, and observations of injury by family members. The court applied the required cautionary approach to child witnesses and found the evidence reliable on material points.
Judge Condemns Breach of Trust and Family Concealment
In strong remarks, Acting Judge President Ratshibvumo described rape as a serious, cruel and heinous offence that is degrading and humiliating. He noted that a child losing her innocence through forced intercourse by a person she regarded as her father leaves profound emotional scars. The judge emphasised that the appellant occupied an authoritative position and took advantage of the trust placed in him.
The court further observed that sexual abuse and rape within families are notoriously underreported and often remain concealed. This concealment is frequently worsened by pressure, intimidation or coercion from relatives linked to the perpetrator. The appellant showed no remorse and took no responsibility for his actions, continuing to deny the offence even during sentencing proceedings and interviews with the probation officer.
Life imprisonment is the prescribed minimum sentence for the rape of a child under 16, particularly where the offender held a position of trust or authority. The High Court found no substantial and compelling circumstances to justify a lesser sentence. The appellant’s circumstances as a first offender and his disability did not outweigh the gravity of the crime or the interests of society.