By REGINALD KANYANE
Two men sentenced to 22 years imprisonment by the Kuruman Regional Court for kidnapping and rape. On 2 June 2013, a girl (11), was sent to the local shop to buy some sugar and some other grocery essentials. Upon exiting the shop, she was called over by a young neighbourhood man, who she knew by his acquaintance to her aunt’s son.
The victim was then taken to the toilet behind the shop, and the neighbourhood young man Emmanuel Modise (27), who was 17 at the time, and two of his friends, then proceeded to rape the complainant. After that, the young men took her to a local soccer stadium, where one of them raped her once more.
The National Prosecuting Authority (NPA) regional spokesperson in Northern Cape, Mojalefa Senokoatsane said the girl then ran home and informed her family about what had happened. Senokoatsane said the following day, a rape and kidnapping case was opened.
“The police promptly commenced their investigations and the accused were arrested. The trial commenced in April 2023 and the prosecution led by Regional Court Prosecutor, Bernice Bronkhorst-Oor, called three witnesses, which included the complainant, her sister, and the former co-accused to the accused before the court, who had already pleaded guilty and was sentenced to 10 years of direct imprisonment, in respect of this case.
“Even though the state witnesses placed Modise and Ditebogo Tshegodikae (34), on the scene, including their former co-accused, they both denied their involvement in the offence. Modise and Tshegodikae (who was 24 years-old at the time), tried to establish an alibi for the night in question,” he said.
Senokoatsane further said during the argument on sentencing, the defence alleged that the accused should not be sentenced to the prescribed minimum sentence (life imprisonment), as they were young when they committed the offence. He added that they were both first offenders at the time of committing this offence.
“The prosecution conceded that substantial and compelling circumstances existed, which permitted the court to deviate from the prescribed minimum sentence.
“The prosecution, however, informed the court that the accused were now serial sexual offenders and required serious intervention to be rehabilitated and that the court should sentence both the accused to 20 years of direct imprisonment each,” said Senokoatsane.
He said the court agreed that substantial and compelling circumstances did exist, allowing it to deviate from the prescribed minimum sentence. Senokoatsane said the court, among other factors, regarded the late conclusion of the matter as a substantial and compelling circumstance.
“The court stated further that the accused’s actions on the night in question were not that of youthful young men and said that the accused treated the complainant like an animal on the night in question.
“The court, before delivering the sentence, said that it would show mercy to the accused even though they did not show mercy to the complainant. The court sentenced both the accused to 7 years imprisonment each in respect of kidnapping of a minor and they were sentenced to 22 years imprisonment each for rape,” he said.
Senokoatsane said both these sentences are to run concurrently. He said the accused were further declared unfit to possess a firearm (Section 103 of the Firearms Control Act).
“The accused were also declared unfit to work with children (Section 120 of the Children’s Act) and their names be added to the Register of Sexual Offences (Section 50 of the Sexual Offences Act),” said Senokoatsane.
The Guardian 