Judge shocked at light rape sentence

A chef at an exclusive game lodge told a woman he had just raped that he would have to kill her because he didn't want to spend time in prison for the crime. But he needn't have worried.

Although he was arrested, charged and convicted of the attack, he won't serve a day in jail. A Limpopo magistrate found William Mtshali guilty on two counts of rape and attempted murder, but gave him a suspended sentence with a nominal R2000 fine.

The laughable sentence imposed on Mtshali by the magistrate appears to defy strict legislation by parliament on the minimum sentence that must be imposed when rape and other violent crimes are involved.

Mtshali's sentence is now to be investigated by the Magistrates' Commission, the National Prosecuting Authority, and the departments of justice and correctional services.

The case came to light only during a Labour Court hearing, where Acting Judge Sean Snyman said he was "completely appalled" by the sentence.

The woman "had a proper cause to feel aggrieved", said the judge.

She "has been denied justice" and "her basic human rights had been trampled upon", he said, ordering that his judgment be sent to the relevant authorities for investigation and action.

Mtshali worked at the Legend Golf and Safari Resort near Mookgophong (Naboomspruit), and was the immediate boss of his former girlfriend, a chef at the same reserve.

Some time after their relationship ended, she gave notice that she would be quitting her post.

On false pretences he lured her away from her colleagues to a remote part of the reserve. There he told her he wanted sex with her one more time before she left her job. When she refused, he dragged her into the toilets at the deserted boma and raped her.

That was just the start. After threatening to kill her, he launched a prolonged series of assaults on her, including a second rape.

When she tried to flee into the veld of the reserve, Mtshali caught her and beat her up with his fists, a rock and the lid of a pot. Next he dumped her in the boot of his car.

By the time she was able to escape and get to hospital her injuries included "deep scalp lacerations, a grossly swollen face, a torn right ear and a fractured hand".

Some time later Mtshali stood trial for rape in the Mokerong Magistrate's Court.

He was convicted for the two rapes and given a five-year sentence, completely suspended. For the attempted murder conviction he was given a fine of R2000 or 12 months in jail.

The woman then brought a case in the Labour Court against her former employers, citing "sexual harassment" - a reference to the rape and assault by Mtshali - while she worked there.

Judge Snyman found, however, that her employers had acted reasonably throughout, giving her a long period of leave immediately after her ordeal, for example, and then trying to help her find alternative work within the company. This was to avoid having to meet Mtshali.

On the instructions of the police the company continued to allow him to work at the resort until the end of his trial.

Immediately after Mtshali was convicted they launched disciplinary action against him and he left work before the process began.

But during the hearing in the Labour Court, Judge Snyman also considered the trial, conviction and sentence of Mtshali in the magistrate's court.

He commented that the sentence of the rapist chef "is about as grave an injustice as I can think of". He said he could not simply "walk past" so grave an injustice, as that would be to condone it.

Although Judge Snyman was alarmed by what he had read, he said the culprit was not the woman's employer. Instead it was the criminal justice system that failed her.

Theoretically, she could still take legal action against Mtshali herself, said the judge, but it was also up to the state to do something.