A senior Westville Prison employee who was convicted of raping his children’s nanny in his home on the prison’s premises appeared in the Pinetown Magistrate’s Court on Thursday.
Durban — A senior Westville Prison employee found guilty of raping his children’s nanny plans to appeal his conviction.
Themba David Ntombela appeared in the Pinetown Magistrate’s Court on Thursday when it was expected that his sentencing would get under way.
Proceedings were postponed, however, as his new counsel required a full transcript of his matter before representing him in the sentencing.
Ntombela allegedly raped the 25-year-old nanny in the complex housing that the prison’s wardens and other staff occupy on the premises of the prison on Valentine’s Day in 2022.
Two days after the alleged rape, the woman opened a case at the Westville police station, and Ntombela was arrested on February 17.
The woman fell pregnant after the alleged rape that Ntombela denied and a DNA test proved that the child, who is now a toddler, was his.
Soon after he was convicted, Ntombela indicated that he would get new counsel as he wanted to appeal his conviction.
In court on Thursday, Ntombela’s legal representative, Ben Dlamini, asked for an adjournment, saying that the advocate who was going to defend Ntombela had only part of the court proceeding’s transcripts which did not include magistrate J Goorie’s judgment.
Prosecutor André de Nysschen indicated that the probation officer and correctional officer’s reports had been provided to the defence, adding that he was unaware that Dlamini had been given a portion of the transcript of the court proceedings.
Magistrate Goorie said: “This matter was adjourned on 6 March to today. The transcript records were made available to the defence after two weeks, I’m able to understand if a week for counsel to go through this record would have been insufficient.
“Mr Dlamini, you came on board in this matter when it was ready to proceed with the sentence. I will not accept delays. If the court can deal with judgment in one week, why can't the counsel go through the record in a week?
“This matter is from May 2022 and the trial started on 24 April 2023. It has been on the court's roll for one year now. The matter must proceed to finalisation within the month of April,” the magistrate said.
This had been before she had clarity from Dlamini that the defence did not have the entire transcript of court proceedings.
Dlamini said: “On 7 March I clarified to the court that my instructions from the client were to instruct counsel as he wanted to appeal the conviction and possibly sentence. On 29 February I had already written to the advocate about this.
“On 8 March I asked the clerk of the court for the charge sheet and the transcript record… After receiving the corrections officer and probation officer’s reports I forwarded this to the advocate, including the transcript received.
“Yesterday I was contacted by the advocate who asked for the full transcript including the judgment. An incomplete transcript is insufficient for counsel to deal with the matter from sentence and then, depending on the outcome, take the matter forward to appeal,” said Dlamini.
The matter was adjourned to April for the full transcript to be provided to Ntombela’s counsel, and a day in May was reserved for sentence.
Ntombela is out on bail.
Sunday Tribune