Kimberley journalist dismisses rape conviction as ‘utter nonsense’, signals appeal and bail bid

KIMBERLEY-based freelance journalist Douglas Mthukwane has dismissed his conviction on four charges of rape, relating to incidents that took place between 2016 and 2019, as “utter nonsense” and has indicated that he will appeal.

In an unrelated matter, Mthukwane’s girlfriend, who reported that she was raped and assaulted with a knobkierie on August 1, 2025, at Mthukwane’s flat in Beaconsfield, has since withdrawn the charges. The State has, however, decided to proceed with the matter in the Kimberley Magistrate’s Court on January 27.

Mthukwane remains in custody, as the latest rape charge was allegedly committed in contravention of his bail conditions. His previous bail application was dismissed in the Kimberley Magistrate’s Court.

Should he be granted bail in the Kimberley Magistrate’s Court, Mthukwane is also expected to apply for bail in the Northern Cape High Court ahead of sentencing for the multiple rape convictions, which is expected to take place on February 13.

‘I am a hot head’

Mthukwane expressed his displeasure over the judgment handed down in the Northern Cape High Court on January 9 and denied that he owned a firearm.

“I’m a hot head, you would have heard if I threatened anyone with a gun,” he said.

During the judgment, he jumped up and refused to “listen to this nonsense”.

Acting Judge Sharon Erasmus warned that she would have him removed from the courtroom if he continued to interrupt her.

She requested psychiatrist Dr Netsa Kirimi to testify regarding the accused’s condition, after he was diagnosed with prefrontal lobe epilepsy.

“His condition may influence his ability to control his impulses and may have an impact on sentencing,” she said.

Erasmus noted that while no weapon was found at Mthukwane’s apartment, inside his motor vehicle or at his mother’s house, she could not ignore the evidence of the three complainants who testified that they were threatened with a firearm.

She highlighted what she described as a similar modus operandi used to target the complainants.

“The accused showed aggression and was prone to outbursts when he did not get his way. He failed to answer questions and would digress into semantics,” she said.

She added that Mthukwane continued to blame the police, forensic nurses and the prosecution for incriminating him and fabricating charges against him.

“He said he was subjected to a kangaroo court and insulted the State prosecutor and members of the media without any factual basis,” Erasmus said.

Guilty on four rape charges

Erasmus said Mthukwane’s version – that the third complainant was “jealous of his spiritual powers” and wanted him to pay her R10,000 so that he could train under her to become a traditional healer in May 2019 – was “highly improbable”.

“The complainant approached him as she regarded him to be a student leader. She requested assistance to draw up her CV and use his political connections in order to secure employment for her. Cleaning and sweeping the accused’s flat is not the conduct of someone who wanted to have sexual intercourse with him.

“The accused referred to a flirtatious conversation that had a sexual undertone and implied that the relationship was serious. The complainant at some stage anticipated that she would have sexual intercourse with the accused. She had to assist him as he never had a full erection. She testified that she was threatened with a knobkierie and a firearm and that he threatened to throw her out of the window.”

Erasmus emphasised that the forensic nurse who conducted the physical examination noted that the injuries sustained were not consistent with consensual sexual intercourse.

She found that Mthukwane was guilty of raping the complainant twice, as there was a time lapse between the first incident and the second rape after she managed to escape to the bathroom to perform a ritual.

“She was still visibly traumatised when she testified,” Erasmus said.

Erasmus also referred to the evidence of a 14-year-old complainant who testified that she was threatened with a firearm and raped at Mthukwane’s flat after he had offered her a lift to school on May 30, 2016. The complainant was dressed in a school uniform at the time of the incident.

“She could not be mistaken as being above the age of consent. The accused called her promiscuous and said she was unhygienic and unbathed,” Erasmus said.

She said it was unlikely that the second complainant would have agreed to sell her body, as Mthukwane had failed to pay her on August 20, 2017.

The complainant testified that she was raped at gunpoint after she climbed into Mthukwane’s motor vehicle and assisted him with directions while on her way to a tuck shop to buy fish oil.

Previous attempted rape conviction

Senior State Advocate Adele van Heerden indicated that Mthukwane was found guilty of attempted rape in 1999.

“He was sentenced to three years’ imprisonment, wholly suspended for five years on condition that he was not found guilty of a similar offence. He was ordered to complete 16 hours of community service per month,” she said.

The matter was postponed until February 10 for the submission of pre-sentencing reports and a possible bail hearing in the Northern Cape High Court.