LIFE IMPRISONMENT FOR MAN CONVICTED OF RAPING A MINOR CHILD LIVING WITH A MENTAL DISORDER

The National Prosecuting Authority (NPA) welcomes the sentence of life imprisonment imposed by the Pretoria Magistrates’ Court on Piet Tshabalala (54) of Mabopane following his conviction for rape of a 17-year-old girl child living with an intellectual disability. The court also declared Tshabalala unfit to possess a firearm.

On 05 February 2024, the aunt of the victim left the victim at their place of residence in Mamelodi and went to the nearby shop. While the victim was in the house, Tshabalala came into the house, undressed the victim, and began raping her. While raping her, the father of the victim, who had come to the house to visit the victim, went inside the house and found the victim and Tshabalala half-naked. Thereafter, the father went to his vehicle to inform the victim’s stepmother about what he had seen. Both the father and the victim's stepmother asked Tshabalala to get into the vehicle and took him to the police station, where they reported the matter. The police arrested Tshabalala at the station, and he has been in custody since the NPA successfully opposed his bail application. The victim was taken to Mamelodi Thuthuzela Care Centre (TCC), where she received medical care, psychological and legal assistance from the police and prosecutors.

In court, Tshabalala pleaded not guilty to the charge preferred against him and said that he was in a relationship with the victim. However, state Prosecutor Andries Ntjana presented compelling evidence from Dr. Lukhozi from TCC, who examined the victim, the testimony of both parents and the victim’s aunt, and proved the man’s guilt beyond a reasonable doubt. During sentencing, through his legal representative, Tshabalala requested the court to deviate from imposing the prescribed minimum sentence, arguing that he is a first-time offender, that he was employed at the time of the offence, and that he takes care of his three children. Ntjana opposed the request, arguing that the seriousness of the offence, the vulnerability of the child and the abuse of trust warranted the prescribed sentence. Ntjana also presented Victim Impact Statements facilitated by Court Preparation Officer Kgomotso Lodi, outlining the profound impact the offence had on the child’s family.

In imposing sentence, the Magistrate agreed with the state that Tshabalala committed a serious offence that is prevalent in the court's jurisdiction and that Tshabalala, instead of protecting the vulnerable child he took advantage of her. Furthermore, the Magistrate said that Tshabalala not only abused the trust the victim had towards him, but he also violated her rights as a person living with disability. Moreover, the Magistrate said that society is looking to the courts to protect them from such perpetrators by handing down a sentence that will send a message to future offenders. Therefore, the court found no substantial and compelling circumstances to deviate from imposing the prescribed minimum sentence of life imprisonment.

The NPA welcomes the sentence and remains steadfast in its commitment to prosecuting offences against children and other vulnerable persons. The NPA will continue to work through its prosecution services and Thuthuzela Care Centres to ensure that victims receive appropriate support as they navigate the criminal justice process.

Issued by:

Lumka Mahanjana

NPA Regional Spokesperson

Gauteng Division: Pretoria