By STAFF REPORTER
2 November 2026 – HIV-positive father (41) was sentenced to life imprisonment by the Vredenburg Regional Court for raping his daughter (13), without using a condom. He was convicted on two counts of rape and one count of attempted murder after he entered into a plea and sentence agreement with the state.
The National Prosecuting Authority (NPA) regional spokesperson in Western Cape, Eric Ntabazalila said the father was sentenced to life imprisonment for the first count of rape, 35 years imprisonment for the second count of rape and 25 years imprisonment for attempted murder. Ntabazalila said the court ordered the sentences to run concurrently.
“The attempted murder conviction followed the state’s case that the accused had the requisite intention to kill his daughter by having unprotected sexual intercourse with her while knowing that he was HIV-positive and could infect her with HIV.
“The court further declared him unfit to possess a firearm in terms of section 103 of the Firearms Control Act 60 of 2000 and unfit to work with children in terms of section 120 of the Children’s Act 38 of 2005. It also ordered that his name be entered into the National Register for Sex Offenders and that the victim and her guardian be informed of the sentence in terms of section 299A of the Criminal Procedure Act 51 of 1977,” he said.
Ntabazalila further said in his plea and sentence agreement, the accused admitted that the girl was his biological daughter. He added that the accused was separated from her mother and the child had lived with him since she was four years-old.
“He told the court that on 23 May 2025, his partner showed him pornographic material that she claimed to have found on the victim’s cell phone. This angered him and he instructed his daughter to pack her belongings, telling her that he would take her to her mother’s home. Instead, he drove with her to the back of a beach in Paternoster, where he parked the vehicle in a secluded area.
“He exited the vehicle, walked around to the passenger side, opened the door, and instructed the child to lie on her back. He then removed her pants and underwear and raped her. Afterwards, he drove back home with her without taking her to her mother’s home as he had indicated,” said Ntabazalila.
He said the accused further admitted that he knew he was infected with the Human Immunodeficiency Virus (HIV) and that he did not use a condom when he raped his daughter. Ntabazalila said he admitted that, by having unprotected sexual intercourse with her while knowing that he could infect her with HIV, he had the requisite intention underlying the attempted murder charge.
“In aggravation of sentence, the state prosecutor, Chandre Minaar argued that, at such a tender age, the victim was a child entitled to protection, care, guidance and security, particularly from her parents. Her youth rendered her especially vulnerable and dependent on the adults entrusted with her care and well-being.
“Of grave concern was that the accused was her biological father, who bore a fundamental responsibility to protect her from harm, exploitation and abuse. His conduct constituted a profound betrayal of the trust inherent in the parent-child relationship,” he said.
Ntabazalila said further aggravating the offence was the fact that the accused knew that he was HIV-positive, but disregarded his daughter’s health and life by raping her without using a condom. He said his conduct constituted a grave violation of her bodily integrity, dignity and well-being.
“In her Victim Impact Statement (VIS) compiled with the assistance of Court Preparation Officer, Deonett Boltney, the victim said what happened made her feel sad. She was very angry because how could her own father want to do this to her?
“The victim said she did not expect this from him. She said he disappointed her a lot, but despite this, he remains her father and she still loves him very much,” said Ntabazalila.
Meanwhile, the victim said: “Daddy, I hope you enjoy prison life. I don’t really know what it is like to grow up without a father, which is why I feel sorry for my little sister and brother, but it is your own fault, because how could you?”
The Western Cape Director of Public Prosecutions, Adv Adrian Mopp, welcomed the sentence. Mopp said Gender-Based Violence (GBV) and violence against women and children remain matters of serious national concern in South Africa.
“The president has publicly recognised the gravity of GBV and has called for decisive action to address this scourge. This matter must be considered against this broader social context, particularly because the victim was a minor subjected to sexual abuse by a person who was both her biological father and someone from whom she was entitled to expect protection.
“The NPA remains committed to vigorously prosecuting perpetrators of sexual and GBV, particularly those who target children and abuse positions of trust. This sentence sends a clear message that those who violate the dignity, bodily integrity and safety of children will face the full might of the law,” he said.
