judgement on blind rapist questioned
16 April 2007

A regional magistrate has queried an acting judge's review judgment that would release a blind serial rapist who gouged out the eyes of one of his victims and raped a nurse, magistrate Judy Naidoo referred the judgment to the Cape High Court.

Alwyn Menziwa, 61, who has glaucoma, appeared briefly in the Cape Town regional court on Wednesday.

'He is not mentally stable, and cannot be let out in public', Naidoo was to read out a judge's review of Menziwa's indefinite sentence. He has served more than 10 years in Pollsmoor for raping a nurse in the Valkenberg Psychiatric Hospital, where he was a State President's patient at the time.

Instead, she requested more clarity on Ms Acting Justice Nona Goso's judgment.

Naidoo said Menziwa was a mental patient and his stability needed to be reviewed in terms of clinical findings cited at the end of the judgment, which said that he "cannot be held fully accountable for his behaviour".

She said she had thought it was a cut-and-dried case, but the judgment did not stipulate whether the conviction or the sentences should be set aside.Defence advocate Andre Paries said he would approach Acting Judge Goso in chambers with the release form and judgment.

Menziwa, dressed in a blue tracksuit top with yellow lettering from Steenberg United AFC, with the slogan "Don't forget your roots", sang a praise song before his court appearance.

He was convicted of 10 offences, between 1963 and 1975, which included rape, indecent assault and robbery.  One of his victims was the daughter of the policeman who arrested him for other crimes. Menziwa raped her, gouged her eyes out and slashed her tongue more than 33 years ago.

In 2006 Menziwa applied for review on the Valkenberg rape sentence and has been awaiting judgment since March.

Naidoo remanded Menziwa in custody and referred the matter to the High Court to be heard on Friday.


Fouzia Van Der Fort, www.iol.co.za