META

 

A Bloemfontein woman convicted of being an accomplice in the rape of her Zimbabwean tenant has failed in her appeal against the conviction. However, the Free State High Court has reduced her sentence from life imprisonment to 12 years.

Nyaleng Taaibosch was convicted alongside Shuping Sydney Gopane after the court found that she encouraged two men to sexually assault and kill the tenant who had been living at her property.

The appeal court upheld Taaibosch's rape conviction, finding that her conduct amounted to participation in the crime. However, the court concluded that her sentence needed to be reconsidered because she was not at the scene when the rape occurred and had not personally inflicted the injuries suffered by the complainant.

These factors were found to constitute substantial and compelling circumstances that justified departing from the prescribed minimum sentence of life imprisonment.

Tenant attacked after returning home

The incident took place in Bloemfontein in October 2008. The complainant, who was 29 at the time, had been renting accommodation from Taaibosch for several months.

On the day of the attack, the woman had gone with Taaibosch's seven-year-old daughter to a friend's home to have their hair braided.

They returned at about 9pm and found Taaibosch at the house with her boyfriend and several other people.

According to the complainant's testimony, Taaibosch pointed her out to the men and told them they could do whatever they wanted to her before killing her.

The appeal judgment recorded that Taaibosch described the woman as a foreigner and told the men they could do whatever they wanted to her, that they should “teach her” about Bloemfontein and kill her afterwards. The court found that these remarks demonstrated an intention that the woman be raped.

Taaibosch then left the property with her daughter and the other occupants, leaving the complainant alone with the two men. She locked the door from the outside.

The men subsequently assaulted the complainant and slapped her. She pleaded with them to take whatever they wanted and spare her life, but they allegedly told her that they were going to show her that she was in Bloemfontein.

They then forcibly removed her clothing and repeatedly raped her vaginally and anally. During the assault, she was allegedly burned with cigarette ends and threatened with a knife.

At one point, the complainant asked for water and was instructed to get it from the kitchen. She used the opportunity to open a window and escape, despite being only partially dressed.

She ran to the home of the friend where she had earlier gone to have her hair braided.

Taaibosch and one of the two men were subsequently arrested.

Court finds landlord facilitated rape

The High Court rejected Taaibosch's argument that the words she used did not amount to an instruction or encouragement to rape the complainant.

The appeal court found that her comments, together with what happened immediately afterwards, supported the conclusion that she intended to facilitate the sexual assault.

The court further found that Taaibosch had at least anticipated the possibility that the woman would be raped and had accepted that risk.

Her conviction as an accomplice to the rape was therefore upheld.

The judgment also noted that the complainant and Taaibosch had shared a home and had a relationship based on trust.

The court described Taaibosch's conduct as involving xenophobic elements and regarded this as a serious aggravating factor, particularly because the complainant was targeted after being identified as a Zimbabwean national.

The physical and emotional trauma suffered by the complainant was also taken into account by the court.

Life sentence reduced to 12 years

At the time of the sentencing proceedings, Taaibosch was 54 years old. She was a widow and mother of four, including one minor child.

She worked as a domestic worker and earned R850 per month. She was also a first-time offender.

The appeal court ultimately dismissed her challenge to the conviction but upheld her appeal against the sentence.

Her life imprisonment sentence was consequently replaced with 12 years in prison, with the sentence antedated to June 2016.

IOL