Convicted serial rapist Nkosinathi Emmanuel Phakathi has no intention to serve any sentence in prison because he wants to kill himself before the end of the year.
Phakathi also told the investigating officer during his arrest that they should kill him.
With these words, state prosecutor, advocate Salome Scheepers, told the Pretoria High Court sitting at the Palm Ridge magistrate’s court on Monday that Phakathi is not remorseful for his actions and should be given life imprisonment for his crimes.
During Monday’s court proceedings, Scheepers, on behalf of the National Prosecuting Authority, and Phakathi’s lawyer, advocate Lekau Kgokane, presented sentencing arguments before acting judge Lesego Makolomakwe.
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 charges.
Shot in the leg during arrest
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.
Phakathi, who has no previous convictions, has been in 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. His leg has since been amputated.
Kgokane said Phakathi should be given lesser sentences for his crimes because he is now an amputee and lost a kidney after his arrest.
“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.
Kgokane said since none of the victims suffered any serious physical injuries, that is more reason the court should deviate from the prescribed minimum sentence of life imprisonment when handing down sentencing.
“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.”
Failure to take responsibility
Scheepers hit back and said Phakathi does not want to serve any sentence whatsoever because he is looking for ways not to spend time in jail.
She said Phakathi does not want to take responsibility for his crimes.
“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 himself.
“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.”
Victims’ lives put at risk
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.
Makolomakwe postponed the matter to Thursday for sentencing judgment.
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 victims aged from 12 to mid-20s falling his victims in Daveyton, Putfontein, Crystal Park and Etwatwa.
