KUGUMPO CITY – The National Prosecuting Authority (NPA) in the Eastern Cape has welcomed the life sentence handed to Viwe Toko (40) by the High Court in KuGompo City on Wednesday, 29 April. He was convicted of brutally abusing his 35-year-old partner, who was wheelchair-bound and living with a disability.

Between March 2024 and February 2025, Toko subjected his partner to a prolonged pattern of abuse in Gompo Location. NPA spokesperson Luxolo Tyali said the offences included rape, sexual assault, kidnapping and assault with intent to cause grievous bodily harm.

He said the court heard that during the first incident, the accused assaulted the complainant with an iron rod, inflicting serious injuries, before locking her inside a house and leaving with the keys, thereby depriving her of her freedom of movement.

“In a subsequent incident, after the complainant had been involved in a motor vehicle accident, which left her wheelchair-bound and reliant on a walker, the accused again subjected her to a brutal assault,” he said.

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Tyali said Toko forcibly removed her clothing and, despite her resistance and explanation of her medical condition following a hip operation, proceeded to sexually violate her.

“He further poured a liquid substance into her genital area before raping her. A medical examination confirmed that the complainant sustained multiple injuries, including genital tears, head lacerations, bruising and puncture wounds,” he said.

Toko was arrested on 5 March 2025 at his residence in Gompo Location, KuGompo City, and bail was successfully opposed.

In arguing for an appropriate sentence, State Advocate Hlanga Mondliwa submitted that the gravity and prevalence of the offences, as well as the need to protect vulnerable persons, particularly those living with disabilities, warranted a life sentence.

The State emphasised that the accused demonstrated a blatant disregard for the complainant’s dignity, bodily integrity and constitutional rights, and highlighted a history of domestic violence in the relationship.

It further submitted that the offences were committed while the complainant was physically incapacitated and in pain, and that the accused showed no remorse. The severe psychological and physical harm suffered by the complainant was also placed before the court.

The court agreed with the State’s submissions and sentenced the accused as follows: assault, six months’ imprisonment; malicious injury to property, four years’ imprisonment; assault with intent to cause grievous bodily harm, 10 years’ imprisonment; sexual assault, five years’ imprisonment; and rape, life imprisonment. All sentences were ordered to run concurrently with the life sentence.

“The NPA welcomes the sentence, noting that the judgment reflects the criminal justice system’s firm stance against gender-based violence and the abuse of vulnerable persons,” said Tyali.

“This sentence sends a clear message that the courts will not tolerate the brutalisation of women, particularly those in vulnerable circumstances. The NPA remains committed to ensuring that perpetrators of such heinous crimes are held accountable and that victims receive justice,” he concluded.

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