MAN SENTENCED TO 25 YEARS’ DIRECT IMPRISONMENT FOR RAPE

The National Prosecuting Authority (NPA) welcomes the sentence of 25 years’ direct imprisonment imposed by the Pretoria North Magistrates’ Court on Tshepo Frans Kekana (43) for rape and pointing a firearm at a 25-year-old woman.

On the evening of 09 December 2018, the complainant was walking home from a friend's residence in Soshanguve when she encountered Kekana. He pointed a firearm at her and demanded her cellphone and money. Upon realising that she had neither in her possession, he forced her into a nearby open veld where he raped her before fleeing the scene. The complainant immediately reported the incident to the police at a nearby station. Following investigations, Kekana was arrested on 26 March 2026 while already in custody for an unrelated matter.

Kekana pleaded guilty to the charges during court proceedings. In mitigation of sentence, he requested the court to deviate from imposing the prescribed minimum sentence, arguing that his guilty plea demonstrated remorse and had spared the court's time. State Prosecutor Setuma Mashabathagka opposed the request, contending that Kekana's guilty plea was not motivated by genuine remorse but by the overwhelming evidence against him. Mashabathagka further argued that Kekana is a repeat offender and that this conviction marked the third time he had been convicted of rape. In addition, he is currently serving a life sentence for murder. Mashabathagka submitted that Kekana's history of violent offending demonstrated that he is a habitual sexual offender who poses a serious threat to society and that the complainant would continue to endure the trauma caused by his actions for the rest of her life.

In handing down sentence, the Magistrate agreed with the State's submissions, finding that rape remains a serious and prevalent offence in South Africa and that Kekana had shown no genuine remorse for his conduct. The court further noted that crimes of this nature undermine the safety and freedom of women and that society must be protected from repeat offenders. The Magistrate also highlighted Kekana's extensive criminal record, stating that his numerous previous convictions reflected a disregard for the law. Consequently, the court exercised its discretion to impose a sentence exceeding the prescribed minimum sentence of 20 years’ imprisonment by an additional five years. The court found no substantial and compelling circumstances justifying a lesser sentence and accordingly sentenced Kekana to 25 years’ direct imprisonment.

The NPA remains steadfast in its commitment to prosecuting perpetrators of sexual violence and ensuring that victims receive the support, protection, and justice they deserve throughout the criminal justice process. This sentence underscores the seriousness with which the courts treat offences involving rape and violence against women and reaffirms the constitutional rights of all people to dignity, bodily integrity, and safety.

Issued by:

Lumka Mahanjana

NPA Regional Spokesperson

Gauteng Division, Pretoria