The High Court has sentenced serial rapist Carlos Nhambombe to 48 years in prison for the rape of 12 minor girls.
The judgment was delivered yesterday by Judge Mbutfo Mamba, who explained that the sentence was grouped in four sets of 12 years each, to run consecutively.
Counts one, two and three carried 12 years (concurrent), counts four, five and six another 12 years (concurrent), counts seven, eight and nine also 12 years (concurrent), and counts 10, 16 and 18 the same. In total, Nhambombe will serve 48 years imprisonment, backdated to December 5, 2012.
Aggravating Factors
Judge Mamba said the court was bound to assess whether aggravating circumstances existed after conviction.
“Where the court finds that the crime of rape is accompanied by aggravating factors, the sentence is not to be less than nine years imprisonment. Additionally, no portion of such sentence may be suspended,” he said, citing Section 185 bis of the Criminal Procedure and Evidence Act of 1938 (as amended in 1986).
The judge noted that the offences were aggravated, with most of the survivors being minors and some subjected to repeated assaults.
Offender’s Circumstances
During mitigation, Nhambombe testified that he is 51 years old, married, with three children—two of whom are minors living in Mozambique after their mother deserted them. He also claimed to be sickly, suffering from “shortness of blood.”
He maintained his plea of not guilty throughout the trial, insisting that this did not show a lack of remorse but rather his right to plead innocence. Judge Mamba said he could not be faulted for that stance.
Heinous Nature of the Crime
The crimes were committed over a sustained period when Nhambombe was in his late 30s and working in Mbabane. He has been in custody since his arrest on December 5, 2012.
Judge Mamba stressed that rape is inherently a heinous crime, deserving of severe custodial sentences.
“Besides the aggravating factors listed, rape by its very nature has always attracted serious custodial sentences. In deciding on the appropriate sentence in this case, I am alive to the fact that aggravating factors have already been considered in the sentencing equation,” he concluded.
