In a landmark decision, Moses Gqesha has been sentenced to eight life terms for the brutal rape of Andy Kawa, a businesswoman and gender-based violence (GBV) activist, in 2010. The case, which remained unsolved for over 14 years, has become a significant symbol of both delayed justice and the growing demand for better handling of forensic evidence in South Africa.

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The Crime: A Night of Terror

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On December 9, 2010, Andy Kawa, then 62, was walking alone along Kings Beach in Gqeberha (formerly Port Elizabeth) when she was violently attacked by Moses Gqesha. He abducted her at knifepoint, robbing and repeatedly raping her over the course of 15 hours. The assault lasted throughout the night until Kawa was able to escape in the morning.

Kawa’s ordeal was a harrowing experience, but she showed immense strength in seeking justice and later becoming an outspoken advocate for victims of gender-based violence.

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A Delayed Pursuit of Justice

Despite forensic evidence being gathered at the scene of the crime, it took over a decade for Gqesha to be apprehended. This delay in justice was largely due to the backlog in DNA processing, a critical issue in many South African rape cases. Gqesha was not arrested until June 2020, when he was caught in an unrelated crime—stealing a lawnmower. His DNA was then taken and linked to the 2010 rape, bringing the case back into the spotlight.

He was officially arrested in January 2024, and the trial began in the subsequent months. This extended delay, spanning 14 years, caused immense frustration for Kawa and her family, who had already endured the trauma of the assault and the lengthy wait for justice. Many have criticized the delay, noting that such backlogs can undermine public confidence in the legal system, especially when it comes to crimes as serious as sexual assault.

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Trial and Conviction

After a lengthy trial, Moses Gqesha was convicted in March 2025 by the Eastern Cape High Court in Bhisho on several charges:

• Eight counts of rape

• Kidnapping

• Robbery with aggravating circumstances

• Assault with intent to cause grievous bodily harm

• Theft

The court highlighted Gqesha’s violent and predatory behavior, emphasizing the impact of his actions on his victim, who suffered both physical and emotional trauma. Gqesha's prior criminal history, including convictions for theft and drug possession, further compounded the severity of the case.

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Sentencing: A Long-Awaited Resolution

On May 15, 2025, Judge Phillip Zilwa sentenced Gqesha to an effective life sentence, handing down eight life terms for each count of rape, along with 34 additional years for the other charges:

• 15 years for robbery

• 10 years for kidnapping

• 5 years for assault

• 4 years for theft

All sentences will run concurrently, meaning Gqesha will serve a life sentence in prison. The judge characterized Gqesha as a "predator" who viewed women as "fair prey" and noted his complete lack of remorse throughout the proceedings. The harsh sentence was a reflection of the brutal nature of the crime and Gqesha's failure to take responsibility for his actions.

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Impact on Victim and Family

The victim, Andy Kawa, had previously filed a lawsuit against the police for negligence, after it was revealed that the authorities had failed to act promptly on the forensic evidence that could have led to Gqesha's arrest much sooner. The Constitutional Court upheld this finding in 2022, emphasizing the serious consequences of such delays.

Kawa’s daughter, Celiwe Kawa, addressed the court during sentencing, expressing both anger and relief. She condemned Gqesha’s actions, stating:

“This is absolutely unacceptable… you’re staring at the newspaper… disgusting and unacceptable.”

Andy Kawa herself remains an advocate for survivors of gender-based violence, having authored a memoir titled Kwanele, Enough! in which she recounts her trauma and long fight for justice. The delay in justice, however, has not deterred her, and she continues to fight for quicker action in such cases.

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Broader Implications for Gender-Based Violence in South Africa

The case of Moses Gqesha serves as a stark reminder of the ongoing challenges in the South African criminal justice system, particularly when it comes to handling gender-based violence (GBV). Advocacy groups, including the United Democratic Movement Women’s Organisation (UDEMWO), have emphasized the need for immediate DNA testing and swift judicial responses to prevent further delays in such critical cases. The significant backlog in DNA testing has been identified as a key issue that needs urgent reform, as it delays justice for victims and prolongs their suffering.

The National Prosecuting Authority (NPA) hailed the conviction as an important moment for South African law enforcement, showcasing that justice can still be served, even after long delays. It also serves as a powerful message to other survivors of gender-based violence that the legal system is capable of delivering justice, even if it takes time.

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Conclusion

Moses Gqesha’s case is a painful example of the flaws in the South African justice system, but it also represents a victory for survivors. After years of struggle, Andy Kawa and her family finally saw Gqesha held accountable for his horrific crimes. The sentence, though delayed, marks a step toward restoring faith in a system that has often failed to protect the most vulnerable members of society.

As South Africa continues to grapple with high rates of gender-based violence, the Kawa case underscores the need for systemic reforms, better forensic practices, and timely justice for all victims.