The Molopo Regional Court in the North West has convicted and sentenced 25-year-old Nkokana Makata to an effective 23 years’ imprisonment for two counts of rape.
In addition, the accused was sentenced to two years’ imprisonment for contravening Section 49(1)(a) of the Immigration Act, 2002.
National Prosecuting Authority (NPA) Communications Officer Sivenathi Gunya confirmed that all sentences will run concurrently, resulting in an effective sentence of 23 years’ imprisonment.
The court further ordered that the accused’s name be entered into the National Register for Sex Offenders.
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The court heard that both the accused and the 38-year-old victim are Lesotho nationals. The victim was employed as a domestic worker in Mmabatho, while the accused worked as a herder in Madibe-a-Tau.
The two met on Facebook and had previously interacted financially, including assisting each other with money transfers to Lesotho. They later entered into a stokvel arrangement where they contributed funds on a rotational basis.
On 02 February 2024, it was the accused’s turn to pay the victim. Although they initially agreed to meet in Mahikeng, the accused later instructed the victim to travel to Madibe-a-Tau to collect the money.
Upon her arrival, the accused took the victim to his employer’s residence and into his room. Once inside, he became aggressive, threatened her with a knife, and demanded sex.
He broke the victim’s cellphone and overpowered her, raping her twice. The victim managed to escape and reported the incident to her employer, who assisted her in reporting the matter to police.
The accused was arrested later that same night after being identified by the victim.
During the trial, the accused pleaded not guilty to the rape charges but admitted to contravening the Immigration Act, as he was unlawfully in the country at the time.
In aggravation of sentence, Advocate Kefentse Diseko argued that the accused had betrayed the trust of someone who treated him like family and called for a severe sentence due to the seriousness of the crimes.
In delivering judgment, the court found that substantial and compelling circumstances justified deviating from the prescribed minimum sentence.
The accused was sentenced to 23 years’ imprisonment on each count of rape and two years for the immigration offence, with all sentences running concurrently, resulting in an effective 23-year term.
KEY POINTS
1 25-year-old Lesotho national sentenced to 23 years
2 Convicted on two counts of rape
3 Additional 2 years for immigration offence
4 All sentences run concurrently
5 Victim was lured under false pretence of payment
6 Accused threatened victim with a knife
7 Name added to National Register for Sex Offenders