NPA SECURES LIFE SENTENCE FOR MAN WHO RAPED GIRLFRIEND IN FRONT OF THEIR THREE CHILDREN

Mahikeng, North West – The National Prosecuting Authority (NPA) has secured a sentence of life imprisonment for 31-year-old Ndamukelo Mashaba, who raped his girlfriend in front of their three children. The Molopo Regional Court rejected his claim that the sexual intercourse was consensual, finding that the complainant had been subjected to threats, violence and severe intimidation.

The court heard that on 11 April 2024, Mashaba travelled to the complainant’s home in Botswana and requested that their children visit him in Makgobistadt, South Africa. The complainant, a 28-year-old Botswana national, agreed and assisted with the necessary border documentation.

While the family was walking near the Molopo River on the Botswana side of the border, Mashaba produced a knife and threatened to stab the complainant. She had previously told him that she wanted to end their relationship because of his abusive behaviour. She blocked the attack, causing the knife to fall, but Mashaba forced her to cross into South Africa illegally and took her to his home.

At his residence, Mashaba used a rope to hang the complainant in front of their children. Fearing for her life, she submitted to his demands. He then raped her in the children’s presence.

The complainant later obtained his permission to visit a neighbour, where she began disclosing the abuse. Mashaba arrived while she was recounting the ordeal and demanded that she leave with him. When she refused, he struck her on the head with a beer bottle and stabbed her twice. She collapsed, and he subsequently took her to a local clinic for treatment of her serious injuries.

Prosecutor Kefentse Diseko presented the evidence of two witnesses, who were prepared for court by Victim Preparation Officer Themba Madiba. In challenging Mashaba’s defence of consent, Diseko highlighted the complainant’s forced removal from Botswana and the threats and violence she endured.

The court accepted the complainant’s evidence and rejected Mashaba’s version. It found that her apparent compliance resulted from duress and fear for her life and did not constitute consent.

In addition to imposing life imprisonment for rape, the court declared Mashaba unfit to possess a firearm and ordered that his name be entered into the National Register for Sex Offenders.

The Director of Public Prosecutions in the North West Division, Dr Rachel Makhari, welcomed the sentence as a firm demonstration of accountability for gender-based violence.

The NPA remains committed to pursuing justice for survivors of sexual violence. Being in a relationship does not entitle anyone to sex, and submission under threats or violence is not consent. Through effective prosecution and coordinated court preparation and support, the NPA will continue to help survivors participate in the justice process with dignity.

Issued by:

Lindiwe Mabasa

Communication Officer

National Prosecuting Authority

North West Division