The woman convicted of kidnapping Zephany Nurse almost two decades ago has been sentenced to an effective 10 years behind bars.
Western Cape High Court Judge President John Hlophe on Monday ordered the 52-year-old woman to stand as he told her that the harm she had caused the Nurse family had been âimmenseâ.
He said: âIt is very clear that you have caused so much harm to the Nurse family. At the very least one would expect you to apologise, but you chose not to.â
Hlophe found the Lavender Hill woman guilty of kidnapping, fraud and contravening the Childrenâs Act in March this year.
In sentencing her, Hlophe said she had shown no remorse for the premeditated crime and had pleaded not guilty, instead she had âlied to and betrayedâ Zephany Nurse for 17 years.
For count one, the kidnapping charge, the accused was sentenced to fourteen years, four of which were suspended for five years.
For count two, the fraud charge, she was sentenced to five years direct imprisonment.
For count three, the contravention of the Childrenâs Act, she also received five years direct imprisonment.
Hlophe ordered the sentences for count two and count three to run concurrently with the sentence for count one â which means an effective ten-year sentence.
He said the woman, who cannot be named to protect the identity she gave Zephany, had stolen the infant when she was just three days old and had âall the opportunity to return herâ.
Every year the Nurse family celebrated her birthday and her abduction was widely publicised, yet the accused âchose to keep Zephany awayâ.
He said he had taken the accusedâs person circumstances into account, including her age, the fact that she was a first offender, had a history of miscarriages, and suffers from chronic medical conditions.
But Hlophe said he also had to take into account the demands of society and the fact that âcrimes of this nature particularly in the Western Cape, are alarmingâ.
He said deterrence should play a role in sentencing: âOther people who want to kidnap may look at you.â
Zephany Nurseâs real identity was discovered last year when her younger biological sister started school at the same high school as her.
Classmates remarked on their striking resemblance, prompting Morne Nurse, her biological father to conduct his own investigations.
Nurse contacted the Hawks as his suspicions grew and DNA tests confirmed she was indeed the child they had been searching for.
Outside court, Morne Nurse told a throng of journalists: âWe are very happy. I am glad it is over and done with. Now the healing can start. Ten years weâre happy with it.â
âZephany is my daughter, sheâs my DNAâ.
â African News Agency (ANA)