The incident to which the case relates took place at Tshiguvhundu Village during the night of May 5, last year. The court heard that the two had a love affair until November 2000, when the complainant was admitted to Elim hospital. During her stay in hospital Mafutha did not bother to pay her even a single visit. It was for that reason that the complainant felt that Mafutha did not mind about her well being and thus decided to reject him.
The complainant was discharged from hospital after several weeks. Even after being discharged from the hospital, Mafutha did not pay her a visit. The two met in the street on the day of the incident. Mafutha demanded to have sexual intercourse with her, saying their relationship was still alive as far as he knew.
The complainant refused and ultimately Mafutha threatened her with death and later grabbed her and took her to his nearby tuck shop. That is where he raped her repeatedly. He later took her to his house where he again raped her throughout the night.
He let her go the following morning. Mafutha was arrested later that afternoon. He appeared in the Tshitale magistrate's court several times until the matter was referred to the regional court. The regional court found him guilty in May this year and referred the matter to the High Court for sentencing.
Half of the sentence has been conditionally suspended for five years.