NELSPRUIT – The Provincial Commissioner of the South African Police Service in Mpumalanga, Lieutenant General Mondli Zuma, has welcomed a hefty sentence passed by the Mkobola Regional Court in Kwaggafontein yesterday, 15 May 2020, where 43-year-old Collen Mandla Ndala was sentenced to 37 years imprisonment for various charges including rape, assault with intention to cause grievous bodily harm, attempted rape, kidnaping as well as compelled self-sexual assault.
The court heard how between December 2013 and January 2015, Ndala, who by then worked as a taxi driver, took advantage of his victims by targeting vulnerable and unsuspecting women who were hitch-hiking at night. He would then offer them a lift, enquire about their destinations and after a short distance, would make an excuse that he needed to pass by his house first to switch on the lights to which his victims would agree. Ndala would then take a detour, drive to a secluded area and brutally rape his defenceless victims. The incident came to light when two victims aged 15 and 24 respectively, separately reported the matter to the police who immediately opened cases upon which investigations commenced.
Within a reasonable time, the astute team of police detectives who worked on the investigations, managed to track down and arrested Ndala in 2015, who remained in custody since then. During the trial, police presented a water tight case against him and he could not find a loophole to escape the overwhelming evidence which eventually led to his conviction and subsequent sentencing yesterday, 15 May 2020.
During the trial, Ndala pleaded not guilty to all the charges put before him. He told the court that the victims were his girlfriends and he never had sexual contact with the first one who was 15 years old at the time but conceded sleeping with the second one who was 24 at the time.
Although Ndala pleaded not guilty in all the charges, the court observed as well as carefully tested all the evidence presented by the witnesses and ultimately found him guilty. Prior to the Magistrate passing sentence, Ndala’s legal representative made some mitigating factors arguing that Ndala is a breadwinner and has three children that he looks after from the money that he gets as a taxi driver. His defence further argued that Ndala is a first time offender who deserves to be given a second chance. He also added that he is suffering from a chronic illness which implies that his health condition will drastically deteriorate if sentenced to direct imprisonment. In conclusion, the defence pleaded for leniency citing the fact that Ndala was already in custody since 21 February 2015, till the day of sentencing which means that he partially served his sentence already and during that period, Ndala had learned his lesson.
Contrary to the defence, the astute State Prosecution argued that the crimes which were committed by Ndala, are quiet serious and the court should send a strong and unwavering message to the community as a deterrence to others. The Prosecution further brought to light the fact that a taxi driver should be someone with a good reputation and also one who must protect lives of commuters making use of his services on daily basis, however Ndala used this in a contrast for him to take an advantage of his clients and instead abused them. Another factor highlighted by the Prosecution was that Ndala never showed any sign of remorse since the beginning of the case, neither did he admit that his actions were wrong, all of which seemed as if what he did was right. The Prosecution concluded by indicating that Ndala is not fit to work with children nor to possess a firearm because he is violent.
When handing down sentence, the Regional Court Magistrate said that the type of sentence to be imposed should fit the crime committed and also indicated that crimes against women and children occur almost every day including during the period of nationwide lockdown where these crimes still persist. The Magistrate further highlighted that Ndala committed offences against women in 2013 as well as in 2015, even using a dangerous weapon against a 15 year old little girl when trying to rape her while also exposing her to pornographic materials. The Magistrate also reminded the court that in 2015, Ndala’s antics continued as he attacked another woman whom he kidnapped and raped repeatedly and further the ordeal, ordered her to perform disgusting sexual acts on him which proved that Ndala can distinguish between right and wrong, but chose to take the wrong path.
The Magistrate raised his concerns by pointing out that the community has a trust deficit in the criminal justice system hence the courts should impose sentences that will help in restoring back that trust by the community. Being sick, as the Magistrate indicated, will not make the sentence lesser, because Correctional Facilities are more advanced and Ndala can attest to that as he received his treatment whilst being there for the past five years, therefore the sentence should be befitting to the crimes that Ndala committed despite his mitigation factors.
Ndala was finally sentenced to 37 years imprisonment for the five counts as follows: Count 1 which is assault with intention to cause grievous bodily harm, he was sentenced to seven years, on Count 2 which is attempted rape, Ndala was sent packing to three years, whereas on Count 3 which is kidnaping, he was sentenced to five years, and on Count 4, the tape rape case, he was sentenced to 25 years and for the charge of compelled self-sexual assault case, he was sentenced to two years.
Count 1 and 2 will be served concurrently whilst Count 4 and 5 will also be served concurrently. The total years Ndala will languish in jail are 37.
He was also found to be unfit to work with children as stipulated in the Children’s Act and unfit to possess a firearm as stipulated in the Firearms Control Act.
Lieutenant General Mondli Zuma has welcomed the sentence and indicated that it will serve as a deterrence. “I am elated by the sentencing of this accused and i applaud the work done by the team of investigators, the Prosecution team as well as the Judiciary. This is another step towards the realisation of a safe environment for children and women in our society. We believe that the sentence will serve as a deterrent to would be rapists. This sentencing has come at a time whereby two women had just recently been murdered in Nelspruit allegedly by their husbands. Once again, this has proven that our call for various role players to decisively deal with the scourge of Gender-Based-Violence did not fall on deaf ears. We urge men to desist from perpetuating violence against women, “said General Zuma.

Source: South African Police Service