Nkosinathi Emmanuel Phakathi, the convicted serial rapist, will have to wait until Friday to find out his sentence from the court.
Phakathi appeared for his sentencing hearing on Thursday at the Palm Ridge magistrate’s court, where the Pretoria High Court was convening.
Lesego Makolomakwe, the acting judge, decided to postpone the case and sentence verdict until Friday.
The sentence judgement by Makolomakwe is lengthy, and Sunday World is aware that she is not finished typing it, which is why it has been postponed until Friday.
Guilty of 148 charges
In November 2022, Phakathi, who was 38 years old at the time, was found guilty of 148 charges of rape, sexual assault, kidnapping, robbery with aggravating circumstances, and theft.
He pleaded guilty to all the charges.
He was found guilty of 90 counts of rape, three counts of compelling a child to witness a sexual act, four counts of compelled rape, 43 counts of kidnapping, two counts of assault, and four counts of theft.
On Monday, the court heard sentencing arguments from the state and the defence.
Phakathi’s lawyer, advocate Lekau Kgokane, told the court that Phakathi should be given lesser sentences because he is an amputee and had lost a kidney.
“He is no longer able to commit the same offences with ease. The chances of him reoffending are slim,” said Kgokane.
He said Phakathi has already been in police custody for a long time while awaiting trial, adding that the fact that he pleaded guilty to all the charges shows that he is remorseful and acknowledges the wrongfulness of his actions.
Candidate for rehabilitation
Kgokane continued, stating that the fact that none of the victims experienced severe physical harm is even more justification for the court to depart from the mandatory life sentence when determining the appropriate sentence.
“The accused pleaded guilty because he did not want to subject the victims or complainants to secondary victimisation,” said Kgokane.
“The accused chose not to testify because he is ashamed to face the court, victims, and the public. He is a suitable candidate for rehabilitation.”
The prosecutor, advocate Salome Scheepers, said Phakathi did not show remorse and, for that, should be sentenced to life in jail.
According to Scheepers, the accused has no intention to serve any prison term because he wants to kill himself before the end of the year.
“He told the probation officer that he is planning to kill himself after his 17-year-old daughter completes her matric this year,” said Scheepers.
“When he was arrested in 2021, the first words he uttered to the investigating officer were that he should kill him.
“This shows that he has no intention to serve any sentence; he does not want to face the consequences of his actions, and he is not remorseful at all.”
Shot while trying to escape
She said Phakathi should receive a life sentence because when he committed the “invasive” and “horrendous” rapes, he raped his victims without a condom, thus putting their lives at risk of contracting sexually transmitted infections and pregnancy.
Phakathi, who has no previous convictions, has been in a prison hospital at Modderbee Correctional Services Centre near his Daveyton hometown, east of Johannesburg, since his arrest in March 2021.
He was shot in the leg when he fled from the police, who had come to arrest him. As a result, his leg had to be amputated.
Phakathi terrorised girls and women in Ekurhuleni, particularly in areas east of Benoni, for nine years. He was arrested at the Barcelona section in Etwatwa, Daveyton.
His rape spree dates back to 2012, with his victims aged from nine to 44. His victims were from Daveyton, Putfontein, Crystal Park and Etwatwa in Ekurhuleni.
