GANG MEMBERS SENTENCED TO TWO LIFE TERMS FOR GANG-RAPING A WOMAN
Free State, Virginia – Three members of a well-known gang based in the Virginia area in the Free State, Abraham Mokoena (31), Mohau Kwesha (30) and Kananelo Pitso (26) have been sentenced to two life terms by the Virginia Regional Court after they were convicted on two counts of rape. The 22-year-old victim in this matter, who originates from Welkom, a mining town 20 kms from Virginia, started dating and moved in with her boyfriend, who was also a member of this gang.
The state’s case is that on January 28, 2022, the victim was at her boyfriend’s home, where the accused was also visiting. Later that evening, her boyfriend left with the accused, and she decided to go to bed. While I was lying in bed, about 10 men suddenly entered the room. She recognized them as the same individuals who had been at the house earlier. The men then commented that she was “some danger,” referencing a tattoo on her back, which had been given to her by an ex-boyfriend. At that point, she did not know that the tattoo represented a rival gang symbol.
The accused persons then started assaulting the victim, tied her hands and feet with belts and started raping her, taking turns, until she lost conscious. During her ordeal, they burnt her with a hot lighter and beat her. Some of the accused used refuse black bags, torn in pieces, as condoms. After raping and torturing her, the accused considered murdering the victim, but one of the suspects suggested against it. They then threatened her with retaliation if she reported the incident and promised to return the next day. Once they left, her boyfriend returned, but out of fear, she chose not to disclose what had happened. Due to the severe bleeding she was enduring, she told her boyfriend that she was on her period.
The following day, still shaken and desperate for some support, the victim asked her boyfriend to take her to his sister’s house to get sanitary products, planning to finally confide in her about the ordeal. However, when they arrived, she was confronted by some of the same men from the night before, who were now selling a cellphone. The sight of them left her paralyzed with fear, and her hopes of seeking help quickly evaporated. Later that evening, on January 29, 2022, her boyfriend once again left the residence, leaving her alone. Not long after, the same group of men returned. They repeated the horrific assault, with threats to silence her, ensuring that she would not speak a word of what had happened.
When her boyfriend arrived home later that day, he found the victim in tears, but she did not disclose the horrific incident. The next day, when her boyfriend attempted to be intimate with her, she refused and broke down in tears. Sensing something was wrong, he decided to take her to his sister’s house, where, overwhelmed with emotion, she finally broke down and reported the assault. As a result, seven individuals were arrested and charged in connection with the crimes. Unfortunately, no DNA evidence was found that could help identify the perpetrators, leaving the victim to testify and point out the accused in court. Due to the severe trauma she had experienced, she struggled with identifying the accused and confirming any prior knowledge of them. Furthermore, her boyfriend proved to be unhelpful during the trial.
The state, led by Regional Court Prosecutor Marelize Nel, presented evidence to support the victim’s claims. A medical report detailing substantial injuries was introduced to the court, reinforcing the victim’s version of events. The court ultimately convicted Abraham Mokoena, Mohau Kwesha and Kamahelo Pitso on 2 counts of rape. In aggravation of sentence, the prosecution argued that the accused had no substantial or compelling circumstances to deviate from the minimum sentence. That case law defines the offence of rape as a very serious offence, constituting as it does a humiliating, degrading and brutal invasion of the privacy, the dignity, and the person of the victim. A victim impact statement was also presented to the court in which the victim expressed her trauma and consequent attempts to commit suicide.
In delivering the sentence, the court considered the gravity of the crimes committed and the profound impact on the victim. As a result, the accused were each sentenced to life imprisonment for each count of rape. These sentences reflect the severity of the accused’s actions and will serve as a strong message that such violent crimes will not be tolerated, ensuring that the perpetrators are held accountable for their actions and protecting society from further harm. All cases of sexual violence egregiously violate the victim’s constitutional rights to dignity and privacy. The NPA is resolute in its commitment to vigorously pursuing these cases, ensuring that those responsible are held accountable for such heinous breaches of human rights.
