1Min
South Africa
Nov 13, 2025
After five years behind bars, a senior royal of the AbaThembu who was serving life plus eight years for raping two minor relatives has been released on appeal when the High Court ruled that critical procedural errors rendered key evidence inadmissible.
An AbaThembu royal who had been serving a life sentence for raping two minor relatives has walked free after the Mthatha High Court overturned his conviction, finding that critical legal procedures were not followed during his original trial.
Nkosi Avelile Sakhisizwe Mtirara, a senior traditional leader from Bhityi near Mthatha, was convicted in 2021 of raping two children between 2016 and 2017. His conviction carried a life sentence plus eight years, and for years he lived behind bars as a fallen royal whose influence had once stretched across more than twenty villages.
This week, the High Court ruled that the conviction could not stand because the trial court had relied on inadmissible evidence. The judgment found that a key child witness was never properly sworn in, which rendered their testimony legally invalid. Acting Judge Nolubabalo Cengani-Mbakaza ruled that the procedural lapse was too significant to ignore and ordered that the entire case be set aside.
The court instructed that if the National Prosecuting Authority wishes to pursue the matter, it must begin a new trial before a different magistrate. For now, Mtirara has been released and is reportedly resuming his duties as a traditional leader, a development that has divided his community.
In Bhityi, where his chieftaincy once symbolised continuity and cultural authority, reactions have been mixed. Some residents celebrated his return, saying they believe he was wrongly accused and that his leadership brings stability. Others, particularly women’s and child-rights advocates, have expressed anger and disappointment, arguing that the ruling represents a setback for victims of sexual violence and undermines faith in the justice system.
