Man who raped churchgoer gets reduced sentence on appeal

A North West man sentenced to 25 years' imprisonment for rape and robbery has effectively had a decade sliced off his jail term.

Kagiso Gladwin Thamaga accosted three women en route to a church service. He raped one of the women at knifepoint and stole her phone, which he later sold to a third party.

He was sentenced to 10 years for rape and 15 years for robbery with aggravating circumstances by the Itsoseng regional court in 2017.

On appeal, he won a reduction with the Mahikeng high court ruling on Monday that the sentences can be served simultaneously instead of one after the other.

Citing case law, judge HJ Scholtz said the concurrence of sentences was appropriate to avoid a “duplication of punishment” for offences which took place simultaneously.

“It is clear from the record that the rape and robbery occurred during one incident, and that in this court’s view, justified an order that the sentences run concurrently.”

Scholtz said the court was mindful the purpose of sentence is not to break but rather to rehabilitate the offender.

Thamaga had also argued in the trial court for a lighter prison term, saying he needed to support his two children aged two and six years at the time of sentencing. That court found that this did not hold water. They lived with their two mothers who, while unemployed, did receive social grants for their upbringing. 

Scholtz agreed, saying Thamaga had been convicted of very serious offences and justice would have not been served if a long period of imprisonment had not been imposed. His duty to contribute to the maintenance of the children “cannot be considered as substantial and compelling circumstances to depart from the prescribed minimum sentence for these offences.”

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