MDT v The State

The appellant, a 55-year-old man, was convicted in the Limpopo High Court of raping his 14-year-old biological daughter during the night of 7 September 2007. The rape occurred in their home while the complainant’s brother was asleep in a nearby room. The appellant pleaded not guilty, denied the offence throughout the trial, showed no remorse, and accused his former wife of manipulating the complainant into making a false allegation. He did not testify in mitigation of sentence. The High Court imposed the prescribed minimum sentence of life imprisonment in terms of section 51(1) read with Part I of Schedule 2 of the Criminal Law Amendment Act 105 of 1997. The appellant appealed to the Supreme Court of Appeal against sentence only.

The appeal against sentence was dismissed, and the sentence of life imprisonment was confirmed.

This case reinforces the strict application of the minimum sentencing regime for rape, particularly in cases involving the rape of minor children by parents. It affirms the approach that personal circumstances such as first-offender status, age, or absence of extreme physical injury will seldom constitute substantial and compelling circumstances in cases of incestuous child rape, and underscores the judiciary’s role in addressing the national scourge of child sexual abuse.