One of the two men who had kidnapped and raped a 13-year-old girl was recently sentenced to life imprisonment by the Atamelang Regional Court. 

Mohau Jan Mogale, 30, and Thabo Isaac Molusi, 29, were found guilty of rape and kidnapping after they had accosted their minor victim in Ottosdal, North West, in 2017.

National Prosecuting Authority (NPA) spokesperson, Sivenathi Gunya, said the convictions and sentencing stem from a tragic incident on November 10, 2017, when the girl was accosted by the two men while on her way home.

Both men pleaded not guilty to the charges proffered against them.

“Investigations revealed that Mogale grabbed her by her hand while Molusi threatened her with an empty beer crate that was in his possession, ordering her to accompany them forcefully. The court heard that the young girl was taken to a house in a section called Iraq in Ottosdal in the North West and was locked inside the bedroom.

“Further investigations revealed that both men had left the house. After some time, Molusi returned alone and unlocked the bedroom where the child was locked in. He then ordered the victim to take off her clothes, and she refused. Molusi then forcefully undressed the victim and raped her throughout the night,” said Gunya.

The court further heard that the next day, Molusi left the girl in the room, and she then managed to go home. On her way home, she met her uncle and sister, as they had been searching for her, and they took her home. 

This is where the ordeal was reported to her mother. A case was opened, and both men were identified and arrested.

“In court, both men pleaded not guilty but were convicted based on overwhelming evidence presented by the prosecution. Mogale was convicted of kidnapping, and Molusi of rape and kidnapping.

“In aggravation of sentence, Advocate Edward Manicus emphasised the high prevalence of gender-based violence and the vulnerability of women and children in South Africa,” said Gunya.

Manicus further presented two Victim Impact Statements from the victim and her mother, facilitated by a court preparation officer, Thembinkosi Madiba, detailing the profound physical and psychological trauma they suffered. 

“He urged the court to impose the prescribed minimum sentence of life imprisonment to protect society, especially vulnerable members like children. In delivering judgment, Magistrate Stephan du Toit emphasised the humiliating and degrading effects of rape upon the victims and the need for the courts to protect the victims,” said Gunya.

Mogale received an eight-year prison sentence for kidnapping, while Molusi received life imprisonment for rape and an additional eight years for kidnapping. 

The court ordered that Molusi’s name be included in the National Register for Sexual Offenders and declared him unfit to possess a firearm.

The Director of Public Prosecutions in the North West, Advocate Matodzi Rachel Makhari-Sekhaolelo, welcomed the sentences and commended the dedication of Advocate Manicus and other stakeholders involved in securing this conviction. 

“This sentence serves as a crucial deterrent against perpetrators of gender-based violence in our country. We must continue to ensure justice for victims and take a firm stance against such heinous acts,” said Makhari-Sekhaolelo. 

chevon.booysen@inl.co.za

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