Landlord loses conviction appeal after organising gang rape on Zimbabwean tenant - IOL

Court upholds landlord’s conviction for encouraging rape of Zimbabwean tenant.

A Bloemfontein landlord who was convicted of acting as an accomplice in the gang rape of her Zimbabwean tenant has lost her appeal against conviction, although the Free State High Court has reduced her life sentence to 12 years in prison.

Nyaleng Taaibosch was convicted alongside Shuping Sydney Gopane after the court found that she encouraged two men to rape and kill the complainant, whom she had housed as a tenant.

The appeal court found that Taaibosch's conduct made her an accomplice to the rape and that her conviction should stand.

The court, however, found that her sentence required reconsideration because she was not present when the rape took place and did not personally inflict the injuries suffered by the complainant. It held that these circumstances amounted to substantial and compelling circumstances justifying a departure from the prescribed minimum sentence of life imprisonment.

The incident happened in Bloemfontein in October 2008.The complainant was 29 at the time of the incident and had been renting at Taaibosch's for a few months.

On the day of the incident, she had left with Taaibosch's seven-year-old daughter to go braid their hair at a friend's place.

They returned around 9pm and found Taaibosch with her boyfriend and other people inside the house. The complainant testified that Taaibosch pointed her out to the men and told them they could do whatever they wanted with her before killing her.

The judgment stated that Taaibosch told the men that the complainant was a foreigner, and they could do whatever they wanted to her, that they should “teach her” about Bloemfontein, and when they were done, they could kill her. The appeal court found that these words indicated an intention that she be raped.

Taaibosch then took her daughter, and they left the house with the other occupants, leaving the complainant with the two men. Taaibosch locked the door from outside.

The two men subsequently slapped the complainant, and she pleaded with them to take whatever they wanted but just spare her life. They responded that they were going to show her that this is Bloemfontein.

The continued to forcefully undress her and then penetrated her anally and vaginally repeatedly. She was also burned with cigarette stubs and threatened with a knife.

At some point she asked the two men for a glass of water. She was told to go and drink water in the kitchen. She managed to open the window and escape almost half naked. She ran to her friend’s house where she had her hair braided earlier.

 Taaibosch and only one of the men were arrested.

The High Court rejected Taaibosch's argument that her words did not amount to an instruction to rape the complainant.

The judgment said the words she used before leaving the house, coupled with what happened immediately afterwards, supported the inference that she intended to facilitate the sexual assault. The court found that she had at least foreseen the possibility of rape and accepted that risk.

The court therefore confirmed the trial court's finding that Taaibosch was guilty as an accomplice to the rape.

The judgment also found that the complainant and Taaibosch had been living together and had a relationship of trust.

However, the court regarded Taaibosch's conduct as a xenophobic attack which was viewed as a severe aggravating factor after encouraging the rape on her tenant because she was from Zimbabwe.

The court also noted the physical and emotional harm suffered by the complainant.

Taaibosch, who was 54 at the time of the sentencing proceedings, was a widow with four children, one of whom was a minor. She worked as a domestic worker earning R850 a month and was a first offender.

The court ultimately dismissed her appeal against conviction but upheld her appeal against sentence.

Her life sentence was replaced with 12 years' imprisonment, antedated to June 2016.