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Serial rapist found guilty

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The attacker also robbed the couple of their cellphones. The DNA found that this matter was also linked to that of the accused.

Ndumiso Giyani. Picture: Soraya Crowie

A 30-YEAR-old serial rapist, Ndumiso Giyani, was convicted on 14 counts of rape in the Northern Cape High Court yesterday.

Giyani was also found guilty of 12 counts of robbery with aggravating circumstances, two counts of attempted robbery and a further six counts of kidnapping for a series of crimes committed between February 2014 and December 2018.

Judge Mathebe Phatshoane, during her judgment, said that DNA results collected from the complainants positively linked Giyani to the various incidents, even though the complainants did not know the identity of the accused.

“Between February 2014 and December 2018 a mysterious man plagued Kimberley. The crimes of this man included rape, robbery with aggravating circumstances, attempted robbery and kidnapping. As these crimes were carried out, the identity of the villain remained unknown.

“The modus operandi of the accused was to threaten his victims with a knife, rob them of their cellphones and thereafter drag them to a secluded area where he would rape them. Except for two instances, the perpetrator acted alone. Almost all the victims could not identify the person who attacked them but made a dock identification during the trial. The State relied on DNA results to show the guilt of the accused as he (Giyani) pleaded not guilty to the charges and rendered no plea explanation,” said Phatshoane.

“In June 2015, a woman and her boyfriend left a tavern. They were accosted by an unknown man who demanded money and cellphones. The boyfriend fled and the assailant grabbed the woman by the hand and dragged her to a secluded area where he raped her. The woman reported the matter to the police and was taken to the Thuthuzela Centre for examination.

“The nurse who examined her found that the hymen of the woman was painful to the touch and that she had a tear. The DNA analysis found that the DNA samples collected from the complainant matched that of the accused.

“In the same month, on June 21, 2015, a woman and her boyfriend were accosted by a man who demanded their cellphones. The man said they did not have the items and the attacker stabbed him. The man tried to hit his attacker with a beer bottle and a scuffle ensued, where the attacker stabbed the man in the shoulder.

“The man lost consciousness and the attacker turned on the woman whom he dragged to a ditch filled with water. Wielding the knife, the attacker ordered the woman to undress and he raped her. The attacker also robbed the couple of their cellphones. The DNA found that this matter was also linked to that of the accused.

“Still in 2015, a woman was dropped off at home by her boyfriend. She knocked on the door of her house but nobody opened. She then decided to sleep at a friend’s house. Two men accosted her and one closed her mouth. One of the men threw her to the ground and she screamed and closed her thighs. The man stabbed her in her chest and she tried to stop the stabbing by blocking with her hands. She was then raped by one of the men.

“The complainant was also examined at the Thuthuzela Centre and was taken to Kimberley Hospital where her fingers were stitched. At present her fingers hurt and she cannot move them when it is cold. The DNA found in this matter was the same as that of the accused.

“In another incident, also in 2015, a woman was accosted by an unknown man who threatened her with a sjambok. The man took the woman to a secluded area where he raped her and ran off. The woman went to look for help from her neighbours while she was half-naked. She was taken to Kimberley Hospital for examination. The DNA in this matter was also positively matched to that of the accused.”

Phatshoane said that the incidents carried on in 2016 as well.

“On June 5, 2016, a woman went to see her boyfriend. He told her that he had been robbed of his cellphone and was searching for the person. They were accosted by a man who produced a long knife.

“The boyfriend ran away and the man took the woman to a secluded area where he raped her. The woman was also examined at the Thuthuzela Centre. The DNA was a match to the accused.”

The rape incidents continued in 2017 and 2018.

“On October 19, 2017, a 17-year-old girl and a group of friends were accosted by two men. One of the men was wielding a knife. The friends managed to run away. The complainant was grabbed and hit on the nose with a fist. One of the men held the knife to her neck.

“They dragged her to a ditch and pushed her in. She fell into the mud. One of the men raped her while the other man stood guard. After the rape, the second man raped her. After the second man was done, the first assailant ordered the second assailant to stab her but he refused. They left and she reported the indent to her family. She was taken for an examination and her nose was found to be broken.

“On July 30, 2018, a couple was having sexual intercourse in the back of their vehicle at the ‘lang bome’ (long trees). An unknown man threw a stone through the window of the vehicle, which struck the face of the man. The man tried to move to the front but was stabbed by the assailant.

“The assailant demanded their cellphones and money. He took the cellphone of the woman and after searching the car, he found R200 in the purse of the man and other properties. The assailant told the man to get into the boot of the vehicle and said he wanted to test drive the car. He stopped the car and demanded that the woman undress.

“He slapped her with his open hand when she pleaded with him. He then raped her and took the property when he got out of the car. After the incident, the police took fingerprints from the car. The DNA collected from the woman and the prints lifted from the car were the same as that of the accused.”

Phatshoane said that the scientific evidence was uncontested, even in a matter where a woman was raped and her boyfriend robbed on December 5, 2018.

The couple were also having intercourse at the lang bome when a man holding an okapi knife accosted them. The attacker stabbed the man and told him to get inside the boot and then demanded cellphones and money. He raped the woman at knife point. The DNA found in this matter also linked the accused to the incident.

Phatshoane added that one of the male victims said he felt guilty as he could not do anything to help his girlfriend, who was four months pregnant at the time, from being raped by Giyani.

“The four-month pregnant woman was waiting for her boyfriend when a man holding a long knife accosted them. The man was holding a blood-stained knife during the incident. The attacker demanded that the man get into the boot and walked to a secluded area with the woman where he raped her.”

Phatshoane said the DNA evidence collected from the complainants and the palm prints collected from the vehicle linked Giyani to the incident

“During investigations it was found that the DNA belonged to a suspect linked to a matter in Grahamstown. The police tested the DNA against that of the Grahamstown suspect and made a positive match. On various occasions the police wanted to arrest the suspect but he was never at his home in Club 2000. Five police vehicles were dispatched during the arrest of the suspect. In my view the State proved its case against the accused,” said Phatshoane.

The case was postponed for pre-sentencing procedures.