MAN SENTENCED TO LIFE TERM FOR RAPING GIRLFRIEND

17 December 2025

MAN SENTENCED TO LIFE TERM FOR RAPING GIRLFRIEND

The National Prosecuting Authority (NPA) welcomes the sentence imposed by the Zwelitsha Magistrates’ Court, where Thobela Bama (33) was sentenced to life imprisonment for rape and eight years’ imprisonment for assault with intent to do grievous bodily harm. The offences were committed on 04 March 2025 at Tyutyu Village. At the time of the incident, the 36-year-old complainant and the accused were cohabiting as girlfriend and boyfriend. Evidence presented before court revealed that the accused became enraged when the complainant returned home after spending the previous night away from their residence. He forced her to bathe with cold water and, while she was naked and wet, assaulted her severely. He struck her with a ceiling board until it broke and continued the assault using a cupboard door. Thereafter, the accused raped the complainant and persisted with the assault until he became exhausted and fell asleep.

The following morning, the complainant managed to escape under the pretext of going to a nearby shop. She sought refuge at a neighbouring house, where she immediately reported the assault and rape. Fearing that the accused might see her if she went directly to the police station, she remained at the neighbour’s home for two days before securing transport to the police station, where she formally opened a case. The accused was subsequently arrested at his place of residence.

During the trial, the complainant testified in detail about the ordeal she endured. Her evidence was corroborated by her neighbour, who confirmed that the complainant reported the assault and rape immediately after escaping. Medical evidence was also presented, with the doctor who examined the complainant testifying that she sustained multiple bruises and injuries consistent with her version of events. In his defence, the accused admitted to assaulting the complainant with a ceiling board, alleging that he acted in self-defence, but later conceded that he exceeded the bounds of self-defence. His version regarding the rape shifted during the trial, initially alleging consent and later offering a bare denial. The court found his evidence to be contradictory and rejected it as false beyond reasonable doubt.

Arguing for an appropriate sentence, State Prosecutor Msuthukazi Pango submitted that the offences were brutal, degrading, and constituted a serious violation of the complainant’s dignity, bodily integrity, and constitutional rights. She emphasised the prevalence of gender-based violence and the need for a sentence that would reflect the gravity of the crimes, deter similar conduct, and send a clear message that such violence would not be tolerated. In sentencing, the court imposed eight years’ imprisonment for assault with intent to do grievous bodily harm and life imprisonment for rape, finding no substantial and compelling circumstances to justify a deviation from the prescribed minimum sentence. His name was registered on the National Register for Sex Offenders.

Welcoming the sentence, Eastern Cape Director of Public Prosecutions (DPP), Mr Barry Madolo, said the outcome affirms the judiciary’s commitment to protecting victims of gender-based violence and holding perpetrators accountable for the most serious crimes. He commended the prosecution team for their diligence and dedication in securing justice for the complainant. The DPP acknowledged the vital role played by Court Preparation Officer, Phelisa Matinise, who conducted court preparation sessions, acted as a support person during the complainant’s testimony, facilitated the submission of a Victim Impact Statement, and referred the complainant to the Thuthuzela Care Centre (TCC) for therapy. The TCC played a critical role in providing victim-centred support throughout the process.

The NPA reiterates its commitment to the vigorous prosecution of gender-based violence and sexual offences and affirms that perpetrators who commit such brutal crimes will be held fully accountable.

Issued by:

Luxolo Tyali

Regional Spokesperson – Eastern Cape Division

National Prosecuting Authority

Tel: 047 501 2630

Email: ltyali@npa.gov.za

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