Khasho August September 2010 - National Prosecuting Authority

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8 NPA PerformanceMan gets 2 life sentences in Pietermaritzburg High CourtNatasha RamkissonWomen and children are considered to be the most vulnerablein society. Amidst all the hype that was made during Women’sMonth, Khasho spoke to a KwaZulu Natal Advocate who hasrecently concluded a matter that only reiterates the fact thatcrimes against these vulnerable groups occur on an enormousscale and at a shocking rate. We chatted to Advocate CandyKander of the DPP Pietermaritzburg Office.1. Please provide somebackground into the case.The 11 year old deceased livednext door to Dennis Zuma (theaccused) in Plessislaer inPietermaritzburg. She went missingand the following day her bodywas found in a veldt approximately150 metres from her home. Shewas naked and had strangulationmarks around her neck. There wasa single accused and he wascharged with murder and rape.2. How long did the investigationtake?The accused was arrested a fewdays after the incident. The DNAreport was only availableapproximately after 4 months andthe trial was completed within aweek.3. How did he plead?The accused pleaded not guilty and raised the defence of analibi.4. What evidence supported the fact that he was guilty?He was last seen talking to the deceased 20 minutes before shedisappeared. The post mortem examination revealed that thedeceased had been raped and manually strangled and the DNAevidence revealed that scrapings from under the deceased’sfingernails and semen from her vagina contained the accused’sDNA.Candy Kander: Senior State Advocate5. What challenges did you face during thistrial?It was common cause that the deceased was raped andkilled. However, the defence raised a technical issuethat it was not proved when the rape had occurred i.e.before death or after death. If thecourt accepted that the accusedraped the deceased after she waskilled then he could not be convictedof rape, but only for the violation ofa corpse. The court eventually madea finding that the deceased wasraped before being killed and he wasconvicted of rape and murder.6. What did you learn from thiscase?It was an extremely sad and drainingcase. I’ve learned that evil is tangible.Not only did the accused rape and killa child, but he had a history of violentcrime. He had previous convictionsfor murder, attempted murder andculpable homicide and was out onparole when he committed this crime.7. Was there anything unique orparticularly different about thiscase?Such cases often go undetected. Thedeceased in this matter literally helped us to apprehendher assailant. Her last moments are unthinkable. It isevident from the DNA evidence that she must haveclawed at the accused as she desperately tried to fight forthe preservation of her life. The DNA evidence wasinvaluable in solving the case and securing a conviction.The Acting Judge, Z Nkosi, reprimanded Zuma sayingthat he had abused the trust that the little girl had inhim in the worst possible manner. "You raped avulnerable child to satisfy your sexual lust. You violentlysnuffed out her life, probably to hide your hideous rapeof her,” said the Acting Judge.Professionalism, Integrity, Service Excellence, Accountability and Credibility
Staff Events 9Women prosecutors fighting against children and women abuseMedupe SimasikuMost people would agree that children and women abuse is nolonger a phenomenon confined only to families, but a broadersocietal problem. Unfortunately most people are not aware ordo not fully understand the extent of this problem, which hascaused so much trauma to many people, mostly children andwomen. The good news is that women prosecutors arenowadays coming up with strategies and tactics to take thebull by the horn no matter how traumatic the experience canbe. One of these unsung heroines is Mrs Lipuo Maria Lekatsa,who is an Advanced Regional Court Prosecutor inBloemfontein. One of the most traumatic cases she has everhandled is the State versus Thabiso Adam Kamohi, where theaccused was convicted of rape and murder of a minor childaged 10 years and was sentenced to two terms of lifeimprisonment.Mrs Lekatsa herself represented the state. According to her,the accused was well known to the deceased, as he was theboyfriend of her aunt. It is reported that the accused called thechild under the pretext of giving her money (R2 coin) whichhe had previously promised her. He (the accused) was the lastperson to be seen with the deceased alive.The deceased was found hidden in the veld covered withshrubs and leaves the next morning. She was raped andmurdered. The gruesome picture was fully unfolded in thepost-mortem report, which detailed every injury. She wasstrangled and her genitals were severely injured. Despite thetricks that the accused presented in his defence, DNA testsproved that he was indeed the perpetrator of that gruesome act.In addition to this case, he was also on parole for rapinganother minor.Mrs Lekatsa wants to thank everybody who was involved toensure successful prosecution: the police, the court as well asthe community. “Without their full support we wouldn’t havehad a successful and winnable case”, she said. She hopes thatthe sentencing will send a strong message to potential rapistsand other abusers that they will face the full might of the law.“Make no mistake, the law is not sleeping when it comes toabuse and domestic violence, everything is being done toensure that transgressors are brought to book to account fortheir actions”, she said.NPA Making HistoryMona MoeraneOn 5 August 2010 the office of the Chief Prosecutor: PretoriaMagistrate office issued internship certificates to 10 lawStudents from the University of Pretoria. Amongst thedignitaries in attendance was the Dean of the Faculty of Lawfrom the university Prof Heins. Senior Public Prosecutor, KasSam-Kistnan presented the keynote address on behalf of theNPA. She said through this programme students were affordeda holistic overview of the Criminal Justice System and itsrelated functions. To encourage the students to inculcatethe habit of personal leadership and self-determination, sheemphasized the need to perpetually feed the spiritual, mental,physical and emotional self.The Chief Prosecutor: Pretoria Cluster, Adv Matric Luphondo, recommitted the NPA to the partnership with the University ofPretoria. He said that through this supervised internship initiative the organisation was able to provide an opportunity foraspiring lawyers to see whether they really wanted to be in prosecution. The programme also afforded the organisation anadvantage to attract young blood into the prosecution service when they completed their studies. The faculty dean also thanked theNPA about the time, love and care they gave to students during the period of the internship. On behalf of the students, Duane DuPlooy expressed his gratitude to the NPA especially those that they came into contact with during the programme. He said theywere honoured to have been afforded such an opportunity to use theoretical knowledge gained at the university and apply it in apractical environment as well as understanding the NPA and the South African court system as a whole.Professionalism, Integrity, Service Excellence, Accountability and Credibility
Page 1 and 2: Professionalism, Integrity, Service
Page 3 and 4: NDPP Message 3Message from theNatio
Page 5 and 6: NPA Performance 5From all the women
Page 7: NPA Performance 7Chauvinist gets li
Page 11 and 12: NPA News 11Asset Recovery Inter Age
Page 13 and 14: NPA Events 13Sexual Offences Indaba
Page 15 and 16: NPA Staff 15Professional Journey of
Page 17 and 18: NPA News 17Update on Operation Recr

Khasho August September 2010 - National Prosecuting Authority

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