Man sentenced to two life terms for double rape, plus 15 years for murder

25 July 2019 - 17:10 By ERNEST MABUZA
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A man has been sentenced to two life terms for rape and 15 years for murder. The high court imposed this sentence on Phumzile Nekene, 35, who committed these offences in November 2016
A man has been sentenced to two life terms for rape and 15 years for murder. The high court imposed this sentence on Phumzile Nekene, 35, who committed these offences in November 2016
Image: Gallo Images/Thinkstock

The high court in Johannesburg has sentenced a 35-year-old man to two life terms - plus another 20 years - after he was found guilty of murder, kidnapping and two counts of rape.

Acting judge Simon Radasi on Thursday imposed the sentence on Phumzile Nekene of Mogale City for murdering Paul Jacques April and for raping and kidnapping a woman.

The court ordered that the rape victim's name be withheld to avoid secondary victimisation.

The incidents which led to the convictions took place on November 13 2016 in Randfontein.

April and the woman were walking home together with Nekene, who suddenly produced a knife, grabbed April and stabbed him to death. He then forced the woman to a veld where he forcefully undressed and raped her.

Nekene forced the complainant to accompany him to another place, where he raped her again.

Despite the overwhelming evidence against him, Nekene maintained his innocence and pleaded not guilty.

Nekene, who has been in custody for six months awaiting trial, also has a previous conviction of assault with intent to inflict grievous bodily harm.

The defence sought a lenient sentence and focused on the fact that the accused had been under the influence of alcohol during the commission of the crimes. It also argued Nekene had been in detention while awaiting trial.

However, senior state advocate Paul Nel presented a victim impact statement which detailed how traumatised the woman was.

Nel said the woman felt that Nekene had denied her the right to say no when she did not want to engage in sexual intercourse.

National Prosecuting Authority Gauteng spokesperson Phindi Mjonondwane said Radasi ruled that it would be a flimsy reason for the court to consider the period Nekene had spent in custody as a compelling circumstance to deviate from the prescribed minimum sentence.

The court ordered that the two life terms for rape run concurrently with the 15-year sentence imposed for murder and the five-year sentence for kidnapping.


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