An East London man who denied pouring cooking oil on his girlfriend and raping her has been convicted on multiple charges, including kidnapping.
Vusumzi Dukumbana, 37, was found guilty in the East London high court on Thursday of raping and assaulting the woman, and of forcibly removing her from her Reeston home in January 2024.
Acting judge Nolubabalo Cengani-Mbakaza said the state had proved its case beyond reasonable doubt and rejected Dukumbana’s version of events as not reasonably possibly true.
“The totality of the circumstances demonstrate the complainant was an honest witness,” Cengani-Mbakaza said.
“In my view, there was clearly no mutual fight, rather an attack on the complainant.”
Dukumbana has prior convictions from three separate cases between 2009 and 2012, including assault with intent to cause grievous bodily harm, malicious damage to property and attempted murder.
According to the state, Dukumbana and the complainant had been in a relationship for about 18 months when the incident occurred on January 4.
The court heard that Dukumbana dragged the woman from her home to his residence, assaulted her during the walk, and once there, accused her of infidelity and attempted to stab her with a kitchen knife.
The woman evaded the attack but was allegedly pushed onto a bed and raped.
The charge sheet states Dukumbana later returned to the room with a hammer and attempted to continue the assault before falling asleep.
The complainant fled during the night, locking Dukumbana inside, and reported the incident to police the following morning.
A medical report compiled by state nurse Nomvuyo Makinana on January 6 documented multiple fresh injuries.
The report also confirmed that the woman had no alcohol or drugs in her system at the time of the examination.
Two state witnesses who assisted the woman after her escape testified that she was shivering, crying and had visible facial injuries.
Cengani-Mbakaza said: “The fact that the woman escaped in the early hours, running to seek refuge, indicates something untoward happened at the house of the accused.
“It was clear that violent crimes perpetrated against her led to her escape.”
Testifying in his own defence, Dukumbana, who pleaded not guilty to the charges, claimed the woman had attacked him and that he had retaliated before they later reconciled.
He suggested the woman may have injured herself or been raped by someone else.
However, the judge found this version “highly improbable” and criticised the defence for not presenting these claims earlier during cross-examination.
“That version was not put to the complainant or the forensic nurse. The claim that she could have injured herself or been raped by someone else is an afterthought,” Cengani-Mbakaza said.
She agreed with state advocate Luvuyo Vena, who argued that if the complainant had been physically stronger, she might have resisted, but the extent of her injuries and the surrounding circumstances supported the state’s version.
Dukumbana returns to court for sentencing on Friday.
Daily Dispatch
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