NPA SECURES LIFE SENTENCE FOR 84-YEAR-OLD MAN CONVICTED OF RAPING AN EIGHT-YEAR-OLD CHILD

Petrusburg, Free State – The National Prosecuting Authority (NPA) welcomes the conviction and sentencing of 84-year-old Barend van der Berg by the Petrusburg Regional Court for the rape of an eight-year-old girl. Van der Berg was also convicted of contravening sections 17 and 21 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act for sexual intimidation and causing a child to witness a sexual offence.

The successful prosecution stems from offences committed in July 2024, when concerns were raised by a teacher in Petrusburg regarding the possible sexual abuse of a young learner. Following discussions with the child, the matter was immediately reported to the South African Police Service for investigation.

Evidence presented during the trial revealed that the accused lured children to his residence by offering them food and refreshments and inviting them to swim in his pool. The complainant disclosed that she was repeatedly sexually assaulted by the accused in his bedroom, while other children were present.

The complainant testified courageously before the court, and her evidence was corroborated by two child witnesses who observed the incidents. Medical evidence contained in the J88 medico-legal report further supported the State's case, with the forensic nurse confirming findings consistent with the history reported by the child.

During the trial, the accused denied the allegations and claimed that the children had been coached to implicate him falsely. The court rejected his version as not reasonably possibly true and accepted the evidence of the complainant and the supporting witnesses.

The sentencing proceedings were conducted via audio-video link to Pelenomi Hospital in Bloemfontein, where the accused is receiving treatment following a hip injury sustained while in custody at Grootvlei Correctional Centre. He has remained in custody since his conviction and continues to be under the supervision of the Department of Correctional Services.

In delivering judgment, the magistrate found all the child witnesses to be credible and reliable, noting that their evidence contained details that could not reasonably have been fabricated or coached. The court subsequently convicted the accused on all charges.

During sentencing proceedings, the defence submitted a correctional supervision report and argued that the court should consider the accused's advanced age and impose a non-custodial sentence.

In aggravation of sentence, Advocate Michelle Nel, for the State, emphasised the gravity of the offences, the profound impact on the victim, and the risk posed by the accused to children in the community. The State further relied on a Victim Impact Statement, which detailed the emotional and psychological harm suffered by the child. It was argued that the accused's age did not diminish the seriousness of his conduct and that the prescribed minimum sentences should apply.

The magistrate found no substantial and compelling circumstances warranting a deviation from the prescribed minimum sentence and imposed the following sentences:

Life imprisonment for rape;

Fifteen (15) years' imprisonment for contravention of section 17; and

Four (4) years' imprisonment for contravention of section 21.

In addition, the court ordered that the accused's name be entered into the National Register for Sex Offenders and declared him unfit to work with children.

The NPA remains steadfast in its commitment to combating gender-based violence and femicide, particularly offences committed against women and children. Through victim-centred prosecutions and strategic collaboration within the criminal justice system, the NPA will continue to ensure that perpetrators are held accountable and that survivors receive the justice they deserve.

This sentence sends a clear message that no person is above the law. The age, status, or personal circumstances of an offender will not shield them from accountability. The NPA remains resolute in pursuing justice for vulnerable victims and strengthening public confidence in the criminal justice system.

Issued by:

Mojalefa Senokoatsane

NPA Regional Spokesperson | Free State Division