By Mashudu Netsianda
A high court judge has heard how a rape victim endured long hours of gruesome pain after the rapist sliced her private parts soon after forcing himself on the woman.
This emerged following an application by the rape victim’s two brothers seeking bail pending trial for murder in connection with the death of their sister’s alleged rapist.
The two brothers from Insiza District, Dumisani Nxumalo (38) and Elphas Nxumalo (29), allegedly teamed up with their father Ernest Nxumalo, who is a village head and three siblings who are still at large.
They allegedly fatally stabbed Misheck Khanye (24) whom they accused of raping their sister before cutting her private parts.
It is alleged Khanye emerged from the bush as the victim was walking on a pathway alone and demanded sex.
He allegedly threatened the woman with a machete and knife before forcing himself on her.
After raping the woman, he allegedly assaulted her before cutting her private parts. Khanye was subsequently arrested.
His alleged victim’s relatives allegedly ganged up and pounced on him at the police station after disarming a police officer of his firearm.
Trevor (35), Busiso (28) and Mduduzi (24) are still at large. Dumisani and Elphas, through their lawyers Samp Mlauzi and Partners, filed an application at the Bulawayo High Court seeking bail pending trial.
Bulawayo High Court judge Justice Nicholas Mathonsi dismissed the application.
“In considering an application for bail of this nature, this court has a duty to safeguard the interests of the justice delivery system. This is a case in which the victim was taken from the lawful custody of the police, and subjected to a gang attack in full view of members of the public in a very small community. As he ran to the police station, still in handcuffs, he was chased and killed right at the police station,” said the judge.
In dismissing the application, Justice Mathonsi said there was no guarantee that if granted bail the two applicants would not abscond.
“Those that perpetrated that dastardly deed made good escape and could not be accounted for until after several months later. This must have left the community feeling insecure and worried. When they have been finally accounted for, this court must ensure that they are kept in custody until they are tried, and this is done in order to protect the integrity of the justice delivery system,” he said.
Justice Mathonsi said the two brothers were dangerous criminals who should not be let loose.
“The applicants may indeed be very dangerous people given to committing more offences. It would be the height of irresponsibility to admit them to bail. In the result, the two bail applications are hereby dismissed,” he said.
Justice Mathonsi bemoaned the prevalence of violent crimes in Insiza District, saying that trend was disturbing.
“The extent of violent crime that is unfolding in the Fort Rixon and Shangani areas of Insiza District in Matabeleland South, and the lack of respect for the law is extremely alarming,” he said.
According to court papers, Khanye was accused of viciously attacking the applicants’ sister whom he raped before allegedly cutting her private parts.
As a result, the entire family of the applicants was angered by Khanye’s actions and subsequently resorted to retributive justice.
On October 18 last year, the court was told that Nxumalo and his sons hunted down Khanye and caught up with him aboard a truck at Shangani Business Centre.
They then confronted him. A police officer from a nearby police base was called to the scene and he immediately arrested Khanye who had been on their list of wanted persons in connection with a series of rape offences.
The court heard that when Khanye was arrested and handcuffed, the Nxumalos manhandled the police officer and disarmed him of his firearm before setting upon the deceased and severely assaulted him.
Khanye allegedly ran towards the police base to seek refuge and the group pursued him as they continued to assault him.
When Khanye arrived at the police base, they stabbed him twice as he tried to get protection from other cops leading to his death. The Chronicle