18-YEAR PRISON SENTENCE FOR RAPE OF A MINOR
The National Prosecuting Authority (NPA) welcomes the sentence of 18 years' direct imprisonment imposed by the Tsakane Regional Court on Mzingisi Peter Mama (61) for the rape of a 12-year-old girl.
The court heard that on 22 April 2015, the victim was playing with friends in the street outside her home when Mama, who lived in the same street, called her and asked her to buy mealie meal for his chickens. After purchasing the item and returning to his residence, Mama invited her into the kitchen. Once inside, he locked the door and told her to make herself comfortable, claiming that his home was like her own.
When the child attempted to leave, Mama pulled her back and strangled her, preventing her from breathing properly or calling for help. He then forced her onto a bed, removed her clothing, and raped her. Afterwards, he instructed her to get dressed and threatened to kill her and her family if she disclosed the incident to anyone. Fearful of these threats, the victim did not immediately report the crime and returned home without informing her family of what had occurred.
The matter only came to light on 21 January 2018, when a family friend raised concerns about Mama's behaviour towards children in the neighbourhood. During a discussion, the victim became emotional and disclosed to both the family friend and her mother that Mama, who was also known in the community as "Mazambane", had raped her. The family subsequently confronted Mama, who denied the allegations. The police were alerted and arrested him on the same day.
During the trial, Mama pleaded not guilty and denied knowing the victim. However, the prosecutor Advocate Tsholwana Jessica Khakhathiba, presented compelling evidence, including the testimony of the victim, her mother, and the family friend, which corroborated the victim's account.
In delivering judgment, the court found the State's evidence reliable and accepted the explanation for the delayed disclosure. The court recognised that the victim's reluctance to report the rape was directly linked to the threats made against her and her family. It further noted that the eventual disclosure occurred during an emotional breakdown, which enhanced the spontaneity and credibility of her account. The court also acknowledged that delayed disclosure is often consistent with the experiences of victims of sexual violence and should not automatically be regarded as suspicious.
During sentencing proceedings, Advocate Khakhathiba argued for the imposition of life imprisonment, highlighting that the victim was only 12 years old at the time of the offence. The State further submitted that Mama had abused a position of trust as a neighbour, used violence during the commission of the offence, and threatened both the child and her family with death should the matter be reported.
Adv Khakhathiba also read into the record the Victim Impact Statement (VIS) facilitated by Court Preparation Officer (CPO) Noluthando Mbatha, which detailed the lasting psychological trauma suffered by the victim because of the rape.
In mitigation, Mama's legal representative requested the court to deviate from the prescribed minimum sentence, citing his age, health condition, and status as a first offender.
While acknowledging the seriousness of the offence and the age of the victim, the court found that substantial and compelling circumstances existed to justify a departure from the prescribed minimum sentence. The court considered Mama's age, chronic medical conditions, family and social circumstances, and employment history before imposing a sentence of 18 years' direct imprisonment.
The NPA remains steadfast in its commitment to prosecuting sexual offences and gender-based violence cases, particularly those involving children and other vulnerable members of society. This sentence affirms the justice system's dedication to holding perpetrators accountable and protecting the rights and dignity of victims.
Issued by:
Lumka Mahanjana
Regional Spokesperson
NPA Gauteng Division: Pretoria