GQEBERHA – A soon-to-be father (28) accused of raping his minor cousin (12) in Greenfields, Gqeberha on 11 October 2024, was sentenced to 20 years’ imprisonment in the Gqeberha High Court.
Axolile Swapi (28) pleaded guilty to the charge of rape against him, stating in court that he had a prior intention of committing the crime, adding that he did so in a sober state of mind in his plea agreement. He also added that by entering the plea agreement with the State, he knew that it meant accepting the sentence imposed on him.
Swapi was accompanied by two family members in court, who were consoling him as he seemingly showed remorse for his actions.
The charge sheet summary stated that on 11 October 2024, the victim was asleep on her stomach and was awakened by a sudden pain. She found the accused lying on her back with her underwear and shorts pulled down to her knees. She slapped Swapi off her and asked what he was doing. Swapi said “nothing”, and the victim reported the incident to her grandmother.
The charge sheet added that the accused had inserted his genital organ into her genital organ and her anus, making up and down movements.
Swapi entered into a plea agreement with the State, which he allegedly did without any influence or coercion from other parties.
“I unlawfully and intentionally committed an act of sexual penetration with the victim, a 12-year-old female, without her consent and against her will,” he said in his plea agreement. “Her actions of turning around, looking up and slapping me off her are a clear indication that consent was absent.”
The court heard that the victim was medically examined after the incident, where Swapi’s DNA was found.
I have brought shame on our family, and I failed the victim. I, as an older male person, should have protected her in a place where she should have been safe, at home.
He added that he did not want to inflict more harm on the victim and family members by continuing with a trial when he knew he acted unlawfully. “I accept that the complainant needs to receive justice, and that she gets closure in this regard.”
The court also heard that the accused has no prior convictions, and that he was a permanent employee who took care of the family, including the victim. Swapi was a permanent employee, earning R8,000 a month. He was not married but has a girlfriend who is currently four months pregnant.
“I harbour no ill feelings towards the victim. I understand that she needs to receive justice and wish her well for the future,” he said.
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