Criminal courts hand down life sentences to minimum in rape cases involving minor children
Courts impose varying sentences in rape cases involving children

Courts impose mandatory life, deviate from it in other child rape cases


Four courts handed down sentences ranging from mandatory life imprisonment to 15 years’ against adult men in serious cases of the sexual violation of children aged between 6 and 13.

The National Prosecuting Authority (NPA) confirmed sentences imposed between 31 July and 13 August. The Kathu Regional Court in the Northern Cape and the Mahwelereng Regional Court in Limpopo imposed mandatory life sentences. The Klerksdorp Regional Court and the Molopo Regional Court in the North West deviated from the mandatory life sentence, imposing sentences of 15 and 18 years.

The Mahwelereng Regional Court sentenced a 28-year-old man to life imprisonment on Monday, for raping a girl on 20 September 2024 at Hlogo ya Nku Village in the Gilead area. Evidence revealed the accused forcibly took the then 13-year-old victim to his homestead, where he raped her. He targeted her way to a shop. The accused’s identity is withheld to protect the victim and prevent secondary victimisation.

Mashudu Malabi, NPA regional spokesperson in Limpopo, said evidence revealed that following the incident, the accused gave the victim a cellphone. “The offence became known when the victim’s aunt discovered the cellphone the victim had hidden at her home. Subsequently, the victim disclosed the incident to her mother and aunt, who reported the matter to the police, leading to the accused’s arrest and successful prosecution,” said Malabi.

In aggravation of sentence, state prosecutor Takalani Mboyi submitted that rape remains a prevalent crime despite the imposition of severe penalties by the courts. “The court found that the accused had exploited the innocence and vulnerability of the child and that the reasons advanced in mitigation were insufficient to warrant a departure from the prescribed sentence,” said Mboyi.

The Kathu Regional Court proved firm on 31 July, sentencing Carlos Domingos Kasongo (40) of Olifantshoek to double life terms for raping two minors on 11 October last year. The victims were then aged 7 and 10. He encountered the victims while they were playing with their friends.

Mojalefa Senokoatsane, provincial spokesperson for the NPA, said that Kasongo joined them, assuming the role of the father or husband in the game. “While interacting with the children, he proceeded to rape both victims. The victims subsequently reported the incident to their elders, and the police promptly arrested Kasongo,” he said.

Senokoatsane said the state submitted that the accused had deliberately targeted vulnerable children, robbing them of their innocence and leaving them with lifelong trauma. He said victim impact statements submitted in court detailed the profound emotional, psychological, and social impact of the offences on the victims, as well as the devastating consequences suffered by their families.

The Molopo Regional Court sentenced Xolile Ntshontsho (52) to 15 years’ imprisonment last Thursday for the rape of the victim on 13 November 2015. She was then 8 years old.

Lindiwe Mabasa, provincial spokesperson for the NPA, said that Ntshontsho targeted the child after she had been sent by her grandmother to return a wheelbarrow to a neighbour. She said evidence revealed the accused grabbed the victim and took her to nearby bushes, where he raped her. “State prosecutor Kefentse Diseko presented compelling evidence, including DNA evidence and the J88 medico-legal report,” said Mabasa.

The Klerksdorp Regional Court sentenced Sipho Mazatsana (49) to 18 years’ imprisonment for raping a victim who was then 6 years old, in 2024. He was sentenced last Tuesday.

Col Anne Magakoe, provincial spokesperson for the police, said Mazatsana raped the child in Jouberton on 8 February 2024 at about 18:30. She said the accused had visited the victim’s mother at the time of the rape. She said the court declared Mazatsana unfit to possess a firearm and further ordered that his details be included in the National Register for Sex Offenders.

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