The Welkom regional court found Mzimkhulu Binda guilty of housebreaking, rape and kidnapping after DNA evidence linked him to a cold case, 16 years later.
The 48-year-old was subsequently sentenced to life in prison for the 2006 rape and kidnapping of a 21-year-old woman.
National Prosecuting Authority (NPA) spokesperson Mojalefa Senokoatsane said the accused received life imprisonment for rape, three years for housebreaking with intent to commit an offence, and five years for kidnapping.
“The court ordered the lesser sentences to run concurrently with the life term, resulting in an effective life sentence”, Senokoatsane said.
Evidence before court showed the victim was asleep at home with two minor children in 2006 when she woke to find the suspect over her bed. The attacker, wearing a balaclava, pepper-sprayed her before dragging her into the living room. Armed with a knife, he raped her.
He then forced her from the house into an abandoned container in an open field opposite her residence, where he raped her for a second time while continuing to threaten her with the knife.
The victim immediately reported the matter. A forensic medical exam was done and DNA samples were collected, but the perpetrator was unknown and the case went cold.
In 2022, Binda’s DNA profile was captured after his arrest in an unrelated matter. Forensic analysis matched his profile to evidence from the 2006 case, leading to his arrest and prosecution.
During trial, Binda denied the charges. He claimed he and the complainant were in a romantic relationship and the sex was consensual. The court rejected his version and convicted him on all counts.
Prosecutor Kekeletso Mathoka argued in aggravation that Binda showed no remorse, lied to the court and posed a danger to society. She submitted that life imprisonment was appropriate given the seriousness of the offences.
The NPA commended investigating officer Det-Sgt Pontsho Mokoena for her dedication and perseverance.
“The successful prosecution underscores the crucial role of forensic science and DNA technology in resolving serious crimes, even years after their commission,” Senokoatsane said.
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