Isaac Andile Memese has been sentenced to two decades behind bars for the rape and burglary of Celeste Gouws, bringing to a close a trial that stretched over nearly five years. Magistrate Eric Mbiyo delivered the verdict at the KwaNojoli Magistrate's Court in Somerset East, Eastern Cape, on Thursday, with proceedings extending well into the evening hours.
The court heard that Memese acted with premeditation on the night of 2 September 2017, when Gouws was attacked at her own home. Mbiyo found that Memese had deliberately targeted a woman who was under the influence of alcohol, and fully cleared Gouws — who had been labelled a liar by the defence throughout proceedings — of any responsibility. The magistrate emphasised that a victim's consumption of alcohol can never serve as justification for any man to assault her. Gouws was ultimately deemed a credible witness, and her account of that night's events was accepted by the court.
Evidence presented during the trial revealed that Memese had been drinking with Gouws and a friend on the evening in question. Gouws had earlier summoned her friend to the property after suspecting Memese of making unwelcome sexual advances. The friend later helped Gouws to bed and departed with Memese. However, footage from that night showed Memese returning to the residence shortly afterwards, slipping back inside, drawing the curtains, and forcing Gouws into her bedroom.
Advocate Gerrie Nel, who led the private prosecution on behalf of Gouws, described the attack as both humiliating and brutal. Nel argued during sentencing submissions that Memese had already formulated his plan to commit the rape earlier that evening, and had broken into the house upon his return specifically to carry out the assault. The case was only prosecuted privately after the Director of Public Prosecutions in the Eastern Cape at the time declined to pursue charges, and repeated enquiries from a local lawyer and friend of Gouws about the lack of criminal proceedings went unanswered.
Barry Bateman, spokesperson for the private prosecution unit, told media the outcome demonstrated the unit's capacity to address failures within the criminal justice system. He said both the police and the National Prosecuting Authority had let Gouws down, noting that the original prosecutor had dismissively remarked that Memese simply saw an opportunity — a woman under the influence of alcohol — and acted on it. "Without private prosecution, this rapist would have escaped accountability," Bateman said, adding that the case illustrated the secondary trauma crime victims are forced to endure.
The private prosecution unit has indicated it will now seek a costs order against the NPA covering nearly five years of legal proceedings, arguing that when the state's responsibilities are fulfilled by outside organisations, the financial burden should rest with the state.
