Justice Rewritten: Life Sentence for Facebook Rapist After State Appeal Victory

After luring women with promises of work, robbing them, and raping them at knifepoint, Philani Ndwandwe will now spend the rest of his life behind bars. A Durban High Court judgment has overturned his earlier sentence of 15 years per count, marking a critical moment for survivors and the State’s fight against lenient sentencing in rape cases.

A predator behind a profile

Between 2018 and 2020, Ndwandwe posed as a job recruiter on Facebook. He targeted vulnerable women, offering them fake employment opportunities and arranging to meet in the Amaoti and Congo areas of KwaZulu-Natal. But once he had them alone, the job interviews became traps. Armed with a knife, he dragged his victims into isolated areas, robbed them, and raped them.

Five women came forward. One was physically disabled. Another suffered grievous bodily harm during the attack. In 2023, Ndwandwe pleaded guilty to all five counts in the Ntuzuma Magistrate’s Court.

The court sentenced him to 15 years per count, even on the two cases where life imprisonment was legally mandated due to the nature of the crimes. The initial ruling sparked outcry, particularly from prosecutors within the National Prosecuting Authority (NPA), who felt the sentence failed to reflect the severity of the crimes or the lifelong trauma inflicted on the victims.

The fight for a harsher sentence

Unwilling to let the matter rest, Advocate Amy Kistnasamy, Chief Prosecutor of the Ntuzuma Cluster, escalated the case. She referred it to the Director of Public Prosecutions in KwaZulu-Natal, and the State applied for leave to appeal.

Representing the NPA in the Durban High Court, Advocate Kelvin Singh built a powerful case. He described the devastating emotional toll on the victims and challenged the trial court’s decision to ignore the Minimum Sentencing Act, which prescribes life imprisonment in cases involving severe violence or vulnerable victims.

Citing Supreme Court of Appeal rulings where sentences were dramatically increased due to the brutality of the offences, Singh argued that the court had no compelling reason to deviate from the mandatory life terms in at least two of Ndwandwe’s convictions.

A court reconsiders

The Durban High Court agreed. It ruled that the original sentence was not appropriate given the gravity and premeditation of Ndwandwe’s actions.

The judges set aside the 15-year sentences for the two most aggravated counts of rape and replaced them with life imprisonment. The ruling noted the pattern of manipulation, the use of violence, and the broader crisis of gender-based violence in South Africa.

It is not just a correction of a sentence; it’s a reaffirmation of the constitutional rights of survivors and a warning that justice must reflect the pain inflicted by violent crimes.

Why this matters

The case is a reminder that digital platforms, like Facebook, are increasingly used as hunting grounds by predators. But it’s also a sign of hope that when the justice system falters, there are mechanisms to fight back.

It took determination, legal precision, and survivor bravery to change the outcome. But justice, even if delayed, was not denied.

Also read: Zandspruit’s Forgotten Promises: Why Families Are Still Living in Sewage and Shacks

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Source: IOL

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