Ricochet News

NMU rapist found guilty, tells court how he carried out the crimes

By Afikile Lugunya - Aug 29, 2018
NMU rapist found guilty, tells court how he carried out the crimes

A 29-year-old Port Elizabeth man was on Wednesday found guilty on several charges that relate to the raping of a Nelson Mandela University student and the sexual assault of another last year.

Kwanele Kilana, from Zwide, appeared before Judge Dalayin Chetty at the Port Elizabeth High Court where he pleaded guilty to seven counts out of the 12 he was facing.

He was subsequently found guilty of 11 counts - four counts of rape, two compelled sexual assaults, attempted robbery with aggravating circumstances, house breaking with intent to steal and theft, sexual assault, and robbery with aggravating circumstances.

Kilana was not found guilty on a count of house breaking with intent to rob.

He was arrested following an incident that occurred on the night of 2 October 2017 at the Nelson Mandela University’s Second Avenue Campus.

Kilana admitted that he went there with the intention of stealing valuable items from the premises.

While at the Second Avenue Campus, he told the court, he went to a computer laboratory with intentions to steal computers, but saw two women, who were busy with the valuables he wanted to steal.

Kilana told the court that that’s when he decided to steal their belongings by threatening them with a pair of scissors, which he found in another room at the lab.

He took a cellular phone, R80 cash, a computer tower, a computer screen, a mouse and a keyboard, and property belonging to one of the women, who were in the lab.

However, the second woman told Kilana that she didn't have a phone, leading him to stab her in the upper body - but she still insisted that she didn't have one.

During the course of the event, Kilana told the court that he instructed the two women to take off their clothes and kiss each other and they complied.

Kilana admitted to have rapped one of the women while asking the other one to kiss him.

The items stolen at the University were recovered by Port Elizabeth police and Kilana arrested.

Rape at Greenacres

The second count of rape relates to an incident, which occurred in July 2017, at Greenacres Shopping Mall, in Port Elizabeth, where Kilana described how he had been sitting in a park when he spotted his victim and followed her.

At the time, a knife was in his possession. He said that he managed to grab the woman by her shoulders and informed her that "I wanted to rape her".

Kilana admitted to have raped the woman and taking her cellular phone as well as R170 in her bag.

Kilana’s legal representative, Khayalethu Saziwa, argued that his client grew up at an orphanage where he was exposed to crime and violence from a young age.

He added that despite the circumstances, his client had tried to be a proper citizen by avoiding crime and also the items he stole were recovered.

"The rapes that occurred at the University were not planned, but were just opportunistic because my client went there to steal not to rape,” Saziwa said.

However, State Prosecutor, Ishmat Cerfontein, argued that Kilana is not a first time offender – adding that the second incident that he admitted to happened in the month of August, which is Women's Month, and that three complainants are all women.

She submitted that Judge Chetty must consider that the two Nelson Mandela University students were violated at a place where they should have been safe - a place to study.

She said that Kilana carelessly committed the rape at a public space where he knew that someone could come in anytime.

“The accused my Lord humiliated the complainants by asking them to kiss each other - one can imagine fear that they had experienced at the time,” Cerfontein.

“Mr Kilana is no longer an orphan and also the accused did not use any form of protection and the victim from the sexual assault had to live in fear of HIV. “

Kilana will remain in custody until Judge Chetty delivers his judgement at the High Court on Thursday.