By BAKANG MOKOTO
10 January 2025- A man (27) who is a parolee was sentenced to 25 years imprisonment by the Nigel Magistrate’s Court for rape. Sphiwe Isaac Makula from Duduza, raped a woman (19).
The National Prosecuting Authority (NPA) regional spokesperson in Gauteng, Lumka Mahanjana said the court ordered that Makula be declared unfit to possess a firearm and that his name be added to the national register for sexual offenders.
“In the early hours of 11 March 2022, the victim was walking back home from a friend’s place in Duduza, Makula approached her, grabbed, and took her to the nearby bushes where he proceeded to rape her.
“After he fled the scene, the victim received a lift on the street and was taken to the police station, where she reported the matter to the police. After investigations by the police, Makula was arrested on 24 November 2022, at his residence and has been in custody since,” she said.
Mahanjana said during the trial, Makula pleaded not guilty to the charge preferred against him. She further said, however, the state was able to prove its case beyond a reasonable doubt.
“During the sentencing proceeding through his legal representative, Makula asked the court to consider the two years he spent in prison awaiting the finalization of the trial when imposing a sentence. However, state prosecutor Phumulani Nkalanga argued that Makula was not a first-time offender as he committed the offence while on parole for a similar offence that he was convicted of in 2011.
“Furthermore, he asked the court to impose the prescribed minimum sentence, arguing that the seriousness of the crime, coupled with no compelling and substantial circumstances, warranted no lesser punishment,” said Mahanjana.
She said the NPA welcomed the sentence handed down and remains steadfast in its commitment to safeguarding the rights and dignity of victims, as well as holding offenders accountable for their actions.
Meanwhile, when handing down the sentence, Magistrate Juan Voogt, agreed with the state and said that Makula could not be rehabilitated because he was previously convicted of a similar offence. Voogt said Makula is a danger to society, especially women therefore it is in the interest of justice to remove him from society.
“I found no substantial and compelling circumstances to deviate from imposing the prescribed minimum sentence,” he said.
The Guardian 