NXUBA – The Nxuba Regional Court (formerly Cradock) has sentenced Michael Van der Walt (18), who was 15 years old at the time of the offence, to 10 years’ imprisonment for the rape of a 15-year-old girl, now 18, which occurred on 11 March 2023 at her home in Nxuba.
Luxolo Tyali, National Prosecuting Authority regional spokesperson, said that at the time of the offence, both the accused and the complainant were learners.
Van der Walt attended Marlouw Agricultural School, a boys’ boarding school near Nxuba, while the complainant was at a different high school.
Tyali said that on the day of the offence, Van der Walt returned from a rugby match in Bloemfontein.
The complainant’s family, who had welcomed him into their home over weekends and treated him as part of the family, picked him up from a petrol station and brought him home.
“Later that night, the accused went into the complainant’s room and raped her,” said Tyali.
“According to evidence presented in court, the complainant was unable to make a sound as she became numb during the assault. After the incident, the accused reportedly slept on the floor, where he was seen the next morning by the complainant’s father, who was unaware of what had transpired.”
Tyali said that the complainant initially kept the incident to herself.
He said that in June 2023, she confided in a friend, who encouraged her to inform her mother.
“Following the disclosure, the matter was reported to the authorities, and the accused was arrested a few days later while still a minor. He was subsequently released on bail pending trial,” said Tyali.
He said that as part of the procedures applicable to juvenile offenders, preliminary investigations included assessments by social workers.
Tyali said that the matter was initially heard in the Children’s Court, as the offence is classified as a Schedule 3 offence under the Child Justice Act 75 of 2008, before being transferred to the Criminal Court for trial.
The victim received immediate care and counselling at the Nxuba Thuthuzela Care Centre (TCC), which provided trauma support and protection throughout the legal process.
“During the trial, Van der Walt pleaded not guilty, initially denying that he had been present at the complainant’s home on the night of the incident. However, when confronted with WhatsApp messages he had sent to the complainant’s mother, he admitted that he had been present, contradicting his earlier denial,” said Tyali.
State Prosecutor Makabongwe Seyibokwe presented comprehensive evidence, including testimony from the complainant (through an Afrikaans-speaking intermediary), the friend she first confided in, her mother, and a doctor from Nxuba Hospital.
Tyali said that the court also considered a victim impact statement and support reports from the Department of Social Development.
He said that based on the overwhelming evidence, the court rejected the accused’s explanation, finding it inconsistent and damaging to his credibility, and subsequently convicted him of rape.
Tyali said that a pre-sentence report was requested due to the accused’s age, and although a private social worker later submitted a report on his behalf, the court found it incomplete as it did not include input from the victim or her family.
“Considering that the accused was a first offender and the potential for rehabilitation, the court sentenced him to 10 years’ imprisonment, in line with the provisions of the Child Justice Act for Schedule 3 offences,” said Tyali.
He further said that the accused is currently serving his sentence at a juvenile correctional facility, where he is required to participate in rehabilitation and counselling programmes.
Upon reaching the age of 21, he will be transferred to an adult correctional facility to serve the remainder of his sentence.
Welcoming the sentence, Eastern Cape Director of Public Prosecutions, Barry Madolo, said, “This sentence demonstrates the justice system’s commitment to protecting vulnerable children while balancing the rehabilitation of young offenders. We commend the tireless work of the investigators, prosecutors, and the staff at the Nxuba Thuthuzela Care Centre, who provided vital support and care to the victim throughout this difficult process.”
Madolo added that the Thuthuzela Care Centre plays a critical role in supporting victims of sexual offences, providing comprehensive services including trauma counselling, medical care, legal support, and guidance throughout court proceedings.
“The holistic approach of the TCC ensures that victims receive the emotional, physical, and legal assistance needed to navigate the aftermath of such crimes, reaffirming that justice, healing, and protection are possible,” said Madolo.
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