MAN SENTENCED TO TWO LIFE TERMS FOR RAPE

The National Prosecuting Authority (NPA) welcomes the sentence of two life terms handed down by the Enkangala Magistrates’ Court to Innocent Mabhena (30) from Marikana, following his conviction on two counts of rape of a 21-year-old woman. He was further sentenced to three years’ direct imprisonment for kidnapping. The court ordered that the three-year sentence run concurrently with the life sentences. The court also ordered that Mabhena’s name be entered into the National Register for Sexual Offenders and declared him unfit to possess a firearm.

In the early hours of 03 January 2023, the victim was walking home from a tavern in Enkangala when Mabhena followed her, grabbed her from behind, and dragged her into nearby bushes where he raped her. He then took her to his residence, where he raped her again before falling asleep. The victim managed to escape while Mabhena was asleep, proceeded to a nearby police station, and reported the incident. Mabhena was arrested at his residence on the same day and has remained in custody since his arrest, after the NPA successfully opposed his release on bail.

During the trial, Mabhena pleaded not guilty, claiming that the sexual encounter was consensual and that the victim falsely accused him after he failed to pay her. However, State Prosecutor Jonas Mahlangu presented compelling evidence, including the testimony of the victim, which led to Mabhena’s conviction. During sentencing proceedings, Mabhena asked the court to deviate from imposing the prescribed minimum sentence of life imprisonment and said that he is employed and has two children. However, the State argued that Mabhena committed serious offences and demonstrated a lack of remorse by persisting with a false defence, thereby forcing the victim to relive her ordeal during testimony. The court was further urged to consider the prevalence of rape and the need to protect society from such offenders.

In delivering judgment, Magistrate Kalile Bosch agreed with the State, finding that Mabhena showed no remorse and that rape remains a prevalent and serious offence within the court’s jurisdiction. The court further emphasised the devastating impact of such crimes on victims and communities, noting that women in the Enkangala area continue to feel unsafe. The Magistrate found no substantial and compelling circumstances to justify a deviation from the prescribed minimum sentence of life imprisonment.

The NPA remains steadfast in its commitment to combating gender-based violence and underscores the seriousness with which the criminal justice system addresses such offences.

Issued by:

Lumka Mahanjana

NPA Regional Spokesperson

Gauteng Division: Pretoria