Uncles and community members among five convicted of raping 9-year-old orphan

FIVE men were sentenced in the Northern Cape High Court sitting in Upington for the repeated rape of a nine-year-old orphan between 2017 and 2020.

National Prosecuting Authority regional spokesperson Mojalefa Senokoatsane said the girl was left destitute following the death of her mother and grandmother.

"She was left vulnerable, without any support or guardians, and frequently sought food and shelter from community members. During this period, the complainant was sexually assaulted by five adult men, some of whom were known to her. Two of the perpetrators, Waybril Gertse, 41, and Graham Gertse, 31, were her maternal uncles. The third accused, Vernit Priega, 40, is the brother of her foster mother. Accused four, Alfonsus Visage, 55, was a community member, and the fifth accused, Andre Magerman, 34, is the uncle of one of the complainants’ friends." 

He stated that despite initial inaction by her foster caregiver and teacher, the child courageously reported the abuse to an extended family member.

"This led to the involvement of the South African Police and the subsequent arrest of the accused. State Advocate Mary-Ann Zureka Carmonita Engelbrecht from the Office of the Director of Public Prosecutions in Kimberley, highlighted the brutality suffered by the child and the gravity of the crimes committed." 

He indicated that all the accused pleaded not guilty, whereby the complainant was compelled to testify.

"Advocate Engelbrecht remarked that while the judicial process was lengthy and challenging, the convictions and sentences reflect the severity of the crimes and the compelling strength of the state's case".

He stated that each of the accused were convicted on one count of rape where life sentences were handed down to Waybril Gertse, Graham Gertse and Andre Magerman. 

"Priega was sentenced to 25 years imprisonment and Visagie will serve 18 years imprisonment."  

Senokoatsane believed the judgment underscored the NPA's commitment to safeguarding the rule of law and upholding the principle of justice.

"It serves as a stern warning that such egregious violations will be met with the full might of the law. The NPA remains unwavering in its mission to ensure that justice is served for victims of gender-based violence and femicide. All cases of sexual violence encroach on the rights to dignity and privacy of the victims as enshrined in our Constitution," he added.