The high court in Gqeberha on Wednesday sentenced Moses Gqesha for raping gender-based violence activist and businesswoman Andisiwe “Andy” Kawa 14 years ago.
Gqesha, 45, was convicted on 12 counts including kidnapping, robbery with aggravating circumstances, assault with intent to do grievous bodily harm and multiple counts of rape and theft.
“Notably, Gqesha has a history of criminal behaviour, with previous convictions dating back to 1993, including housebreaking, theft and possession of drugs,” National Prosecuting Authority (NPA) spokesperson Luxolo Tyali said.
Kawa had gone to King's Beach in Summerstrand on December 10 2010 where she parked her vehicle and decided to walk along the beach.
“She noticed Gqesha and found him suspicious, but thought he had left. However, he suddenly appeared, chasing and catching her.”
Gqesha robbed her of a diamond ring, bracelet, sunglasses and cellular phone. He lost his balance when struck by a wave, and she managed to break free by kicking him. Gqesha then assaulted her with his fists, and she hit him back, causing him to injure his finger.
“Gqesha produced a knife and a broken beer bottle, threatening to kill the woman and dump her body in the water.
“He instructed her to accompany him, and out of fear, she complied. He then raped her multiple times throughout the night,” Tyali said.
The woman escaped and reported the matter to authorities. She was taken to Humewood police station where she was examined by a doctor and forensic evidence was collected.
Gqesha was arrested in 2020 after a separate incident involving a stolen lawnmower.
“Forensic evidence consequently collected from Gqesha was matched to evidence collected from the 2010 rape survivor.”
Senior state advocate Ismat Cerfontein led the evidence of several witnesses, including Kawa, and presented compelling forensic evidence, leading to the conviction.
“Despite the overwhelming evidence, Gqesha denied all allegations, only admitting to stealing from her. He claimed unawareness of the other charges, which led him to plead guilty only to the theft count,” Tyali said.
The case was postponed until April 24 for sentencing proceedings.
“The NPA welcomes the successful conviction as a resounding affirmation of its unwavering commitment to combating crime and safeguarding the citizens of South Africa,” Tyali said.
**TimesLIVE**