Bloemfontein landlord loses conviction appeal after organising gang rape of Zimbabwean tenant

IOL A Bloemfontein landlord who was convicted of acting as an accomplice in the gang rape of her Zimbabwean tenant has lost her appeal against conviction, although the Free State High Court has reduced her life sentence to 12 years in prison. Nyaleng Taaibosch was convicted alongside Shuping Sydney Gopane after the court found that she encouraged two men to rape and kill the complainant, whom she had housed as a tenant. The appeal court found that Taaibosch’s conduct made her an accomplice to the rape and that her conviction should stand.

The court, however, found that her sentence required reconsideration because she was not present when the rape took place and did not personally inflict the injuries suffered by the complainant. It held that these circumstances amounted to substantial and compelling circumstances justifying a departure from the prescribed minimum sentence of life imprisonment. The incident happened in Bloemfontein in October 2008.

The complainant was 29 at the time of the incident and had been renting at Taaibosch’s for a few months. On the day of the incident, she had left with Taaibosch’s seven-year-old daughter to go braid their hair at a friend’s place. They returned around 9pm and found Taaibosch with her boyfriend and other people inside the house.

The complainant testified that Taaibosch pointed her out to the men and told them they could do whatever they wanted with her before killing her. The judgment stated that Taaibosch told the men that the complainant was a foreigner, and they could do whatever they wanted to her, that they should “teach her” about Bloemfontein, and when they were done, they could kill her. The appeal court found that these words indicated an intention that she be raped.

Taaibosch then took her daughter, and they left the house with the other occupants, leaving the complainant with the two men. Taaibosch locked the door from outside. The two men subsequently slapped the complainant, and she pleaded with them to take whatever they wanted but just spare her life.

They responded that they were going to show her that this is Bloemfontein. The continued to forcefully undress her and then penetrated her anally and vaginally repeatedly. She was also burned with cigarette stubs and threatened with a knife.