LIFE IMPRISONMENT FOR THE RAPE OF A 11-YEAR-OLD GIRL
A 40-year-old man from Marironi village was convicted and sentenced by the Tzaneen Regional Court to life imprisonment for the rape of an 11-year-old girl. The name of the accused is concealed to protect the identity of the victim. The conviction and sentence emanates from an incident that took place in September 2021, at Marironi village. The accused pleaded not guilty and the state led evidence of the victim and other witnesses. The court heard that the victim was sent to fetch water by her aunt and upon her return the aunt was not present in the house. She found the accused who assisted her in offloading the water container. Subsequent to that the accused then dragged her into the house and raped her.
After the ordeal, he gave her R10.00 and a cellphone and further told her not to tell anyone or else he will kill her. The victim then reported the incident to her sister and her teachers at school which resulted in the arrest of the accused by the police.
In aggravation of the sentence the Regional Court prosecutor, Emmanuel Phatudi led the evidence of the victim and also presented a Victim Impact Statement detailing how the incident negatively impacted the victim. The victim also expressed the humiliation and trauma she suffered because of the ordeal. She further indicated that she can no longer interact with other people because of the stigma from the community members and she is withdrawn.
The prosecutor further submitted that the fact that rape is prevalent in this country, the accused has a previous conviction of rape, he is not remorseful and he is not a suitable candidate for rehabilitation and therefore he should be removed from society permanently. He further submitted that there were no substantial and compelling circumstances to justify deviation from the prescribed minimum sentence.
The Regional Court Magistrate, Antolize Lamminga agreed with the state and further stated that the accused has failed to take the court to its confidence that indeed he is remorseful. The victim is now suffering from nightmares and flashbacks because of the incident. The NPA welcomes the sentence and the Director of Public Prosecution, Adv. Ivy Thenga stands firm against the abuse and violence of women and children. The DPP further commended the good work done by Mr Phatudi and the investigating officer, Sergeant Glender Mathebula under the Family Violence, Child Protection and Sexual Offence Unit under Tzaneen FCS.
