The Bloemfontein Regional Court, during its hearing of an appalling and controversial case, sentenced a 34-year-old man to a minimum of five-years’ direct imprisonment for incest. The court handed down the sentence on 13 November.
This is the second time the man has faced this charge, the first being in 2019.
Sgt Sinah Mpakane, spokesperson for the provincial police, said the court had found the accused guilty on a charge of incest. This is regarding his engaging in sexual intercourse with his 31-year-old, mentally-handicapped, biological sister.
The court sentenced the brother, believed to be mentally and emotionally stable, for contravening the Sexual Offences and Related Matters Act.
In this occurrence, incest refers to unlawful and intentional sexual intercourse between persons closely related and who are not allowed to marry each other or engage in a sexual act with each other.
According to this act, persons may not lawfully marry each other on account of consanguinity, affinity or an adoptive relationship, nor unlawfully and intentionally engage in an act of sexual penetration with each other, despite their mutual consent to engage in such act.
Mpakane said the accused was still serving a seven-year sentence, wholly suspended for five years, with condition. She said in the latest case, the accused was sentenced to 60 months’ imprisonment, with a further ten years’ imprisonment, suspended for five years.
“During the sentence proceedings, the court took into consideration that in 2019 the accused was found guilty of the same crime and was sentenced to seven years’ imprisonment, which was suspended for five years,” she said.
Mpakane said a social worker for the provincial Department of Social Development at the branch at the Lemo Mall in Bloemfontein reported the case last year after making the discovery.
She said the accused and his 31-years-old sister live together at their parental home in Rocklands, Bloemfontein.
“It was further determined that they had a sexual relationship,” she said.
From this relationship, Mpakane said the siblings have two children: a five-year-old and one-year-old. She said both children are currently at a place of safety, in the care of social workers.
Mpakane said the conviction and sentencing was a result of the prosecutor Ronel Botha working together with the investigating officer, Sgt Antonio Makhetha.
Makhetha is attached to the Mangaung Family Violence, Child Protection, and Sexual Offences (FCS) unit.
