Iuze Mukube
An application on appeal of a 41-year-old resident of Gobabis, who sentenced to 30-years’ imprisonment for two counts of rape five years ago, will only be able to have his case heard in January, next year.
This is following the decision by Deputy Judge President Hannelie Prinsloo yesterday to postpone the hearing of the double rape convict, Mervin Jacobs, to 23 January 2026 at the Windhoek Prison Court.
Jacobs who was sentenced for two counts of rape on 9 November 2021 in the Gobabis Regional Court is now contesting the three-decade long sentences.
He faced two counts of rape and one of theft.
He argues the presiding magistrate at the time, Victor Nyazo, erred in law by ignoring his personal circumstances, particularly that he was drinking and smoking dagga or marijuana at the time he committed the offence. Additionally, the magistrate misdirected himself by imposing 15-years on each count, which is shockingly inappropriate taking into consideration the surrounding circumstances of the two counts.
He further argues the magistrate erred in not taking into account the two counts of rape together, especially in not ordering the sentences to run concurrently, describing it as “shockingly inappropriate.”
At the time of the trial, the convict had pleaded guilty in respect to all counts.
In the court documents, it is read that on 25 May 2019 near Damara Block in the district of Gobabis, Jacobs unlawfully committed a sexual act with a woman, by inserting his penis into the vagina of the complainant. This is in respect to count one.
On count two, the record reads that he committed a sexual act with the same complainant in count one by inserting his penis into her vagina without her consent.
He admitted he grabbed the complainant on her body and mouth as well as tying her hands with a gown’s rope, aggravated by that he was wielding a knife when committing the offence.
On the same day, he also stole property under the possession of the father of the complainant in count one and two, valued at N$8 900.
He was handed an effective 15-years for each of the two counts, totaling 30-years, without an order for the sentence to run together.
Interestingly enough, Jacobs is also serving a further period of 17-years imprisonment on a charge of murder on a different matter.
He was sentenced in 2023 in the Windhoek Magistrate’s Court for the murder of a 43-year-old Windhoek resident, Ulrich Nauseb, in 2019.
The deceased was struck with a blunt object, which caused a skull fracture, and was further strangled in the comfort of his home in the Wanaheda area.
It was recorded Nauseb was found lying on the floor next to his bed, with his wrists tied behind his back with adhesive tape, when his body was found by his nephew.
Jacobs pleaded guilty to this charge. In his plea explanation, he admitted that he was in the room of the deceased on the evening of 30 April 2019, socialising and drinking beer, but the matter later escalated after the deceased allegedly made an aggressive sexual advance towards him.
Nauseb fell onto a mental peg after Jacobs pushed him away. Jacobs later strangled the deceased with a robe until he fell unconscious after Nauseb tried to attack him again.
He was sentenced to 20 years imprisonment over the murder of Nauseb, and three years of that term was suspended.
This term was also not ordered to be served concurrently with his sentence on the two rape charges.