A 27-year-old man has been sentenced to 25 years imprisonment after raping another victim while he was on parole.
Sphiwe Isaac Makula was sentenced by the Nigel Magistrates Court on Friday for raping a 19-year-old in March 2022.
Gauteng regional spokesperson for the National Prosecuting Authority (NPA), Lumka Mahanjana said the court also ordered that his name should be added to the national register for sexual offenders and declared him unfit to possess a firearm.
On the day of the incident, Mahanjana said the victim was walking back home from a friend’s place in Duduza when Makula grabbed her and took her to the nearby bushes where he proceeded to rape her and then he fled the scene.
"The victim received a lift and was taken to the police station where she reported the matter to the police. After investigations by the police, Makula was arrested on November 24, 2022, at his residence and has been in custody since," she said
During the trial, Makula pleaded not guilty.
Mahanjana said despite his guilty plea, the state was able to prove its case beyond a reasonable doubt.
"During the sentencing, Makula asked the court to consider the two years he spent in prison awaiting the finalisation of the trial. However, state prosecutor Phumulani Nkalanga argued that Makula was not a first-time offender as he committed the offence while on parole for a similar offence he was convicted of in 2011.
"Furthermore, he asked the court to impose the prescribed minimum sentence, arguing that the seriousness of the crime, coupled with no compelling and substantial circumstances, warranted no lesser punishment," said Mahanjana.
However, when handing the sentence, Magistrate Juan Voogt, agreed with the state and said Makula could not be rehabilitated because he was previously convicted of a similar offence.
The magistrate added that Makula is a danger to society, especially women therefore it is in the interest of justice to remove him from society.
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