More than 14 years after Gauteng businesswoman Andy Kawa was abducted and raped along Kings Beach, her rapist has been found guilty.
On Wednesday, Gqeberha High Court Judge Phillip Zilwa convicted Moses Gqesha on eight counts of rape as well as a charge of kidnapping, robbery with aggravating circumstances, and assault with intent to cause grievous bodily harm.
The 49-year-old Gqesha pleaded guilty to one count of theft of a lawnmower in the Newton Park area in June 2020.
It was his DNA sample that was taken as part of the investigation on the theft charge, which eventually led to a breakthrough in the Kawa rape case, another three years later.
After the positive DNA match to Kawa's rape kit in 2023, it took police another seven months to arrest Gqesha.
Kawa took the stand on 4 March this year and relayed how she had prayed to God to receive her soul during the harrowing ordeal.
She told the court that the incident killed a part of her, ruined her career and her ability to generate an income, and caused serious health issues.
Zilwa said State Prosecutor Ismat Cerfontein had proved beyond a reasonable doubt that Gqesha was guilty.
He, too, was satisfied that the person that raped Kawa on 9 December 2010 was Gqesha.
"Based on the evidence presented in court, the State proved that the sole perpetrator was none other than the accused himself."
Zilwa pointed out that the DNA profile of only one man was present in Kawa's rape kit and that it matched that it matched that of Gqesha.
Kawa's 93-year-old mother, Lungelwa, and her daughter, Celiwe were in court to support her.
Speaking to the media on behalf of her mother after the judgment was handed down, Celiwe said the case illustrated that victims of rape are often the ones that are on trial.
"People may be asking if it feels like a sense of justice was done in this courtroom today, and the answer is sadly, no.
"Yes, there was a legal victory and the legal outcome was correct, but justice implies a sense of morality and a sense of fairness."
She said her mother was under oath and testified thrice as long as Gqesha.
She said although the legal system finally worked after 14 years, it was not just justice.
"Justice would leave people and a family with a sense of fairness, but this trial has left a family re-traumatised.
"In this legal system we are truly the lucky ones. It's shocking that this is what luck feels like."
Celiwe said many victims do not get their day in court.
She labeled Gender-Based Violence (GBV) and violence as a whole a pandemic in South Africa.
"Unlike the Covid pandemic that got a swift response, this is one that's been allowed to spread unfettered.
"During Covid, the question was how can we prevent deaths.
"I ask this now, how many people will be allowed to be raped, murdered, robbed, and tortured in this country before it is too treated like a pandemic and associated resources are allocated?"
She further questioned the government's failure to leverage the same resources deployed during the pandemic to curb violent crimes specifically GBV.
On a positive note, Celiwe thanked everyone who supported her mother and their family including strangers who showed their support at court, the investigating officer, and the legal fraternity who advocated on their behalf.
A probation officer's report will be obtained ahead of sentencing procedures, which have been scheduled for 24 April.
