Johannes Kana

Case record: Johannes Kana

Background

Johannes Kana was convicted for the rape and murder of Anene Booysen.

Anene Booysen was a 17-year-old girl.

The offence

Anene Booysen was raped and disembowelled at a construction site in Bredasdorp, in the Western Cape, South Africa on February 2, 2013. She was found by a security guard the morning after she had been gang-raped and disemboweled, and she was still alive but died later in the day.

Anene Booysen was found lying a short distance from her house after partying at a bar on the evening of February 1, 2013. She died from her injuries in hospital six hours later.

The injuries described included her abdomen slit open, with over a metre of her small intestines protruding from her vagina. A blunt object was described as being used, possibly by hand.

Dr Elizabeth De Kock, who was first to attend to Booysen when she was brought into hospital, described Booysen’s injuries to the jury. She said: "The doctors treating Booysen described her horrific injuries to the jury at the trial." She also said: "She was covered from head to toe in sand and blood and had bruises all over her body." She said: "A sharp object had been used to mutilate her genitalia and that her intestines may have been pulled from her vagina by hand." The text also included the statement: "Kana reprimanded De Kock added that she could not tell if the injuries had been cause by more than one person - it was initially believed Booysen had been gang raped before her death."

Pathologist Karisha Quarrie examined Booysen’s body after her death and said the cause of death was her mutilated genital area: "All injuries were consistent with a blunt object such as a brick, baseball bat or stick," as reported. She said: "The intestines appeared to have already died while she was alive." She described: "The large intestines, which are attached to the stomach wall, were still inside the body but 1.2m of the small intestines were outside the body through the vagina." In court, the text also stated that the intestines were consistent with force being used, and there were signs of accelerated decomposition.

Investigation

Five or six men were reported as being involved in the attack, based on what Booysen said from her hospital bed.

Before she died, Booysen named one of her assailants as "Zwai". The nickname "Zwai" was described as applying to Jonathan Davids and another man said to live in Zwelitsha.

Investigating officer Warrant Officer Edmund Abels told the Bredasdorp Magistrate’s Court that Johannes Kana would not be applying for bail as he confessed to raping and assaulting Anene.

Eric Ntabazalila said: "We have argued in court that not too much weight must be put on the name of Zwai ... that was mentioned by Anene Booysen while she was in hospital". He also said: "We have argued that Anene Booysen was in terrible pain, under the influence of alcohol, under medication."

Eric Ntabazalila said Davids had scratch marks and blood on one of his shoes and that Davids had an explanation for this: "His clothes and those of Kana were taken for forensic testing. The results did not implicate him." The text stated Davids had an alibi for the morning of the rape and murder. It also said charges against Davids were withdrawn because there was no evidence linking him to the rape and the murder.

The investigation described the use of forensic testing on clothing and shoes, and it said results did not implicate Davids.

Arrest

Initially, Johannes Kana, Jonathan Davids and another man were arrested.

Charges were later withdrawn against Davids and the other man because of insufficient evidence.

Trial

Kana’s trial was held at the Swellendam Circuit Court.

Judge Patricia Goliath found Kana guilty of raping and murdering Booysen.

During the trial, there were references to Kana being reprimanded during the evidence about Booysen’s injuries. The Swellendam Circuit Court interpreter Aubrey Jonase, translating the case into Afrikaans, said: "He is not even listening. What is the point if he is not listening?" Judge Goliath then said to the accused: "Mr Kana, would you please show some enthusiasm and appreciation?"

Rape and murder were charges against Kana at court, and his plea admitted hitting and raping Booysen while denying killing her.

In his statement, Kana said: "I pulled down her pants ... kicked her ... and raped her," and the text also included: "Kana admitted hitting and raping Booysen, but denies murder."

A witness, Riaan Scheepers, testified that he saw Kana, 21, and Booysen, 17, leaving a pub in Bredasdorp on the night of 1 February. The text stated that Scheepers later testified that he saw Kana soon after his arrest and that Kana told him he was "sorry" and that "he did it". The defence stated this confession had not been included in the State's submissions, and it was unclear if he was referring to the rape or murder.

A security guard at the construction site testified that he heard a scream while patrolling the area at about 04:00 on 2 February and called his supervisor and police, leading to discovering Booysen lying on the ground with her intestines visible.

A police constable testified that he drove his van to the site and shone the headlights on Booysen. He found her lying on her back, with her pants pulled down to her knees and her intestines hanging out. He also testified that her eyes were swollen shut and she was groaning in pain. An ambulance was called and Booysen was transported to hospital, where she died later that afternoon.

Sentencing

The sentencing of Johannes Kana for the rape and murder of Bredasdorp teenager Anene Booysen was postponed in the Swellendam Circuit Court on Wednesday and was set to proceed on Friday.

The state asked for a life sentence for both counts. Eric Ntabazalila said: "We will ask for a maximum sentence of life imprisonment." He also said: "We are happy that the court came to the conclusion, as we have argued over the past eight months that the only person who was responsible for the rape and murder of Anene Booysen was Johannes Kana." He said: "We are now going to be asking the court to impose a life imprisonment to ensure that we deliver justice for Anene, her family, her friends and the community of Bredasdorp."

Pieter du Toit, for Kana, said Kana was under the influence of alcohol and that the crime was not planned. The text also reported that du Toit said Kana had admitted guilt and apologised, and was helpful with the investigation. Du Toit asked that sentencing should run concurrently.

Kana was sentenced to two consecutive life sentences on October 30, 2013.

Outcome

Kana was convicted for the crime and sentenced to two consecutive life sentences.

Aftermath

South Africa’s President Jacob Zuma condemned the attack as "shocking, cruel and most inhumane".

The Congress of South African Trade Unions (Cosatu) called for mass action over rape in South Africa.

Opposition parliamentary leader Lindiwe Mazibuko called for parliamentary hearings.

The United Nations issued a statement strongly condemning the rape and murder.

On 13 February, a protest led by Annie Lennox was staged at St. George's Cathedral, Cape Town.

Booysen and Reeva Steenkamp were named SA Persons of the year 2013 by Daily Maverick.

A funeral was held at the Dutch Reformed Church in Bredasdorp, about 128 km east of Cape Town on February 9, 2013.

Other details

Injuries were described in additional detail by Wilma Brooks, Anene’s aunt, who said: "Her throat had been slit, all her fingers and both legs were broken, a broken glass bottle had been lodged in her, her stomach had been cut open… That which was supposed to be inside her body lay strewn across the scene where they found her."

Corlia Olivier, Anene’s mother, was described as working as a cleaner for Asla Construction. The text stated: "We were mother and daughter, but we were also best friends." It also included her statement: "She was so helpful – with her around I didn’t need a man in the house. She worked hard and helped to buy food, we shared everything."

On the morning after the attack, Olivier visited her daughter at Otto du Plessis Hospital in Bredasdorp and said: "From the moment I entered the door I could hear her screaming: ‘Mother, mother please help me’ – without her knowing that I had come." She also said: "I walked up to her bedside and saw what they had done to my girl." The text stated: "Mom and daughter shared their final words there, before Anene was transferred to Worcester."

Sara Mageni said: "As a community we have to do something to bring this crime against girls and women to an end," and also: "She’ll never bear children, but at least she’s still with us," after describing her own daughter’s experience.