Nkululeko Nkabinde, a 39-year-old taxi driver from Nellmapius Extension 6, has been sentenced to life imprisonment for the rape of a 12-year-old girl in November 2020.
The sentence was handed down by the Pretoria Magistrate’s Court. The court has also ordered his inclusion on the National Register for Sex Offenders and declared him unfit to possess a firearm, reinforcing the National Prosecuting Authority’s (NPA) commitment to combatting gender-based violence (GBV) and protecting vulnerable children.
Lured minor into his car
In court it was revealed that the crime occurred around 8pm when Nkabinde visited the victim’s home in Nellmapius Extension 12, where her mother was selling alcohol.
After purchasing alcohol, he encountered the girl walking home from a shop.
He further lured the minor with a promise of R200, before he drove off with her to his residence. Nkabinde stopped the vehicle at his gate and insisted she enter his room for sexual intercourse. When she refused, he raped her twice in the front seat of his taxi. He then dropped her off near a bridge close to her home, threatening her to stay silent.
The victim, upon returning home, disclosed the rape to her mother and friends, who were searching for her. Her mother reported the incident to the police, leading to Nkabinde’s arrest in December of the same year.
Pleaded not guilty
Nkabinde pleaded not guilty, claiming the sexual intercourse was consensual. He also said he believed the victim was older.
However, prosecutor Advocate Corrine Maria Sam presented compelling evidence. The victim’s testimony, facilitated through intermediary services to minimise trauma, was corroborated by her mother’s account and medical evidence confirming the assault, noting the victim was a virgin at the time.
The court rejected Nkabinde’s defence as implausible, convicting him on both counts of rape.
In mitigation, Nkabinde sought leniency when he told the court of his responsibilities. He said he is a provider for his wife and two children.
However, Advocate Sam opposed any deviation from the prescribed minimum sentence of life imprisonment.
She argued that Nkabinde committed a grave act of GBV against a child the same age as his daughter. He robbed her of her innocence.
No remorse shown
“Nkabinde showed no remorse for the offences. Even after being convicted, he continued to lie to the court and said the child enjoyed it,” Sam stated.
Regional Court Magistrate Adrian Bekker agreed. He found no substantial or compelling circumstances to deviate from the life sentence.
He described Nkabinde’s actions as a “cruel violation of a vulnerable child”. And he emphasised the need for the severest penalty to protect society.
