A domestic worker who was raped 10 years ago by her employer on Monday expressed her disappointment at the justice system after he was handed a 10-year jail term by the Mkhondo (formerly Piet Retief) magistrate’s court on Monday.
Petrus Swart, 41, raped Thandeka Mlambo* a few days after she secured employment as a domestic worker at his home in February 2014.
“I worked there for three days and on the fourth I was raped by the man of the house. His wife had been out, dropping the kids at school, when the incident happened,” Mlambo told TimesLIVE Premium in 2021.
On that day, her case had been postponed because Swart told the court, through his lawyer, he was afraid to attend proceedings because of people who were protesting against four farmers accused of shooting dead two brothers in Mkhondo.
Seven years ago the SA justice system denied this domestic worker who was raped by the white employer, her freedom.
— Economic Freedom Fighters (@EFFSouthAfrica) April 20, 2021
Today, the court again postponed her case because the white man "fears for his life".
The woman is now staging a sit-in at the court until they hear her case. pic.twitter.com/D1VgzK6hOZ
Recalling her ordeal from the day of the rape, Mlambo had told TimesLIVE Premium that when Swart's wife came back home, she found her inside the house crying.
“I couldn’t get out because their gates were automated, and I didn’t have a remote. I couldn’t answer her when she asked why I was crying instead of working.”
Mlambo said when she and the wife were alone, she told her what had happened.
“She beat me and told me that her husband would never sleep with a k****r.”
After her 10-year wait for justice, Mlambo had hoped that the courts would have been moved by the fear and trauma she had lived with for all this time.
But, she told TimesLIVE Premium after the sentencing, she was unhappy that Swart might be considered for parole after serving half of his sentence.
Mlambo has had to live with the physical scars of that day. She claimed that Swart’s wife had injured her during the assault after she informed her about the rape.
“I am not well. I am unable to work as my arm was injured. I am unable to help my family as I am the only child,” Mlambo said.
Mlambo has gone from post to pillar in an attempt for justice, even alleging that she fended off an attempt to bribe her to drop the case.
During the course of the trial, Swart pulled out all the stops to discount Mlambo's version.
He also launched an application to stop the court from obtaining his DNA, which was to be compared with samples collected from Mlambo after the rape.
Swart sought to review a magistrate's decision in the high court which had ordered that new DNA samples be obtained.
DNA samples had been taken from him and evidence was led regarding the outcome after these were compared to the DNA found in the swabs taken from the rape complainant.
Two statements were presented at the trial — one indicating that the DNA in the swabs matched that of Mlambo's boyfriend and another indicating that it matched that of Swart.
A forensic analyst, however, was brought in to clear up the confusion. The analyst testified that the reference to the woman’s boyfriend was a mistake as he meant to make reference to Swart.
The magistrate ordered that new DNA samples be obtained from Swart for comparison with the DNA obtained from the swabs, by a different forensic analyst.
Swart reviewed the magistrate’s decision in the high court and that application was dismissed with costs in July 2022.
Meanwhile, Mlambo's attempts to have Swart's wife brought to justice failed. She had opened a case of assault against her. The matter, she said, had gone nowhere.
Reflecting on her journey of this trial, Mlambo said last Friday, she attended proceedings, expecting her victim impact statement to be read out in court. She had attended an interview with a social worker who subsequently compiled the statement.
The statement, however, was not read into the record.
“They told me that my report has not been released. My report was not presented. Today his report was presented, where he stated that he has lost his marriage, that his business is struggling and that he has a heart problem. What about me?” a pained Mlambo asked.
The trial had taken a toll on her wellbeing.
She said she was moved from three shelters or places of protection after threats of attacks.
“I asked to be released because my child who has cancer had to attend chemo. I asked to be released so that I can be closer to my child.”
Mlambo said after she was released, she was informed by police that arrests had been made of people who allegedly planned to attack her.
She claimed to have heard nothing further after these alleged arrests.
The National Prosecuting Authority's Mpumalanga office was not immediately available for comment.
*Not her real name.
