There was justice for Lion Mama and her daughter when rapists Xolisa Siyeka and Mncedisi Vuba were found guilty.
“They stripped her naked, violated her dignity, raped her while she was drunk and could not defend herself,” found Judge Mbulelo Jolwana, sitting in the Cacadu magistrate’s court on Tuesday.
He found Siyeka and Vuba guilty of raping a Zwartwater woman, 27, in an unoccupied house in the early hours of September 2 last year.
In a story that drew national attention, Siyeka and Vuba were lucky to escape with only knife wounds.
Their co-rapist Zamile Siyeka died from blade wounds inflicted by the woman dubbed Lion Mama. She ran 3km and laid into them with her knife when she caught the three in the act of raping her child.
Lion Mama was arrested and charged with murder and attempted murder, but the charges were withdrawn in October last year.
After the Daily Dispatch broke the story, South Africans rallied behind the mother and pledged their support to her and her family. Cape Town resident Natalie Kendric was so moved when she read the story on the Dispatch Twitter page that she set up a generosity page on her Facebook and Twitter accounts, raising R133,356 for legal costs and psychological needs. Lawyers offered to represent her pro bono.
Speaking outside the Cacadu magistrate’s court on Tuesday, Lion Mama said she was happy with the judgment and hoped people would learn from it.
“I am happy that today the truth came out. I am happy that today my child received justice for what happened to her.”
Although her child was physically healed, there were still psychological wounds.
“She does not like to be alone. I am happy that this is finally over and I want to thank everyone who helped us during this hard time,” she said.
The rape survivor said although the trial had opened old wounds she was glad it was over. “I am happy they were found guilty. This has been a stressful week,” she said.
Jolwana found the evidence of key state witness Nomfundo Joloza credible and reliable.
“She was clear and never deviated from what she saw. Her evidence corroborated that of the victim’s mother. She saw each of the accused raping the victim,” he said.
Jolwana was satisfied with the evidence of Joloza, the victim and her mother.
“The victim testified she was drunk and could not remember what happened that night and she did not implicate anyone. Even the discrepancies they had did not relate to the fact that she was raped,” he said.
He said the doctor’s examination established that there was sexual assault but did not say who committed the crime.
“The doctor also corroborates the victim’s testimony that she was drunk and did not remember what happened. It was not disputed that she was raped.”
Both Siyeka and Vuba said they never had sexual intercourse with the victim and did not assist anyone to rape her.
However, Siyeka’s evidence supported the victim’s mother’s story that he was stabbed in the bedroom while Vuba corroborated Joloza’s evidence.
Jolwana said: “The evidence of the state witnesses, together with the evidence of the accused, shows the accused tried to change the events of that day.
“The evidence shows that the guilt of the accused has been proved beyond reasonable doubt.”
NPA spokesperson Luxolo Tyali congratulated prosecuting advocate Chantal Govender.
“To us it is proof that we have excellent prosecutors in our courts.
“We must commend her good work, especially that she has secured the conviction during the 16 days of activism,” he said.
The case was postponed to Wednesday at 2pm for sentencing arguments to be heard...