Serial rapist says he'll kill himself when his daughter completes grade 12

Ekurhuleni serial rapist Nkosinathi Emmanuel Phakathi says intends to commit suicide — but only when his daughter, 17, completes her grade 12 exams. 

This was revealed by a probation officer who completed presenting his pre-sentencing report at the Pretoria high court, sitting in the Palm Ridge magistrate's court, on Wednesday. 

The court ordered that the name of the probation officer and the sources on the pre-sentencing report not be published. 

The social worker told the court that Phakathi, who was described as a loving person by his family, lacked humanity and empathy towards others and that he should be sentenced to direct imprisonment. 

“The fact that he intends to commit suicide instead of facing the consequences of his conduct further indicates the level of his self-gratification. He has a daughter, a mother and a sister whom he claimed to love and care about but was not deterred from committing such violent crimes on so many vulnerable people.

“Some victims were his children's age,” she said. 

She told the court that the fact that he started his crime spree at the age of 28 and that his first victim was 12 makes it difficult to understand how he could have displaced whatever underlying trauma he had on innocent and harmless victims.

“The fact that he had his eldest daughter at that age confirms that he had good interactional skills and that he was not in a desperate situation regarding romantic processes and had no reasons to engage in violent crimes,” she added. 

Phakathi terrorised girls and women in Ekurhuleni, mostly in areas east of Benoni. He was arrested at the Barcelona section in Etwatwa. His rape spree dates to 2012, with victims aged from nine to their 40s, whom he would follow in Daveyton, Putfontein, Crystal Park and Etwatwa.

He had been in prison since his arrest in March 2021.

He was found guilty in November 2022 on 148 charges of rape,  sexual assault, kidnapping, robbery with aggravating circumstances, theft and possession of an unlicensed firearm.

Phakathi's mother told a social worker during the compilation of the report that she was heartbroken and her health had deteriorated since his incarceration. 

The mother told the social worker she was in deep shock and that if she had known earlier about his crimes, she would have had him arrested. 

At one point during the commission of his crimes, Phakathi told the social worker, he was referred to a Zion church pastor but only went there once. He did not divulge his crimes because he was ashamed and feared that the pastor would get him arrested. 

“His effort to get bail with a view to be taken for further traditional or spiritual intervention by his mother failed. Before this detention, his mother consulted the church pastors who indicated to her that one of his sons was involved in dirty conduct,” said the social worker.

The social worker said Phakathi revealed during an interview that he could not tell his mother about his crimes because he hoped to stop.

“According to him, he had only one case in 2019. He cried for help and prayed daily without any change. The accused also expressed his disappointment at his own conduct but denied that such crimes were premeditated. His leg is painful and he is of the view that he will no longer be of value to his children when he is released.

“He too wishes there was still the death penalty for him. He is determined to commit suicide once his daughter has completed her matric because he doesn't want to traumatise her at this stage,” she said. 

His family described him as a loving father who was caring for his family, his nieces, nephews, his siblings and his mother. 

He told the social worker that he never failed at school and he completed grade 12 with “flying colours” in 2005 and he wishes that his daughter would obtain better or similar results when she completes her studies. 

He said his behaviour started when he lost his job in 2013. At the time he would wake up around 3am and wander in the area of Chris Hani and Etwatwa.

“When the behaviour started, he thought he was sleepwalking. At first, it felt like an evil spirit giving instructions to wake him up that early for such violent conduct which ultimately deteriorated and got beyond his control,” she said.

She added that Phakathi denied using knives or firearms and did not remember incidents of theft or kidnapping. 

“The accused is a son, a father and a lover and could not give reasons for his conduct and also [his] victims with the youngest being nine years old. He apologised to the official [who interviewed him] but cried when the official highlighted to him the possible long-term impact of his conduct,” she said.

When Phakathi got shot, her mother thought it was about cars as he was involved in the business of buying damaged vehicles to repair and resell. His mother was “shockingly surprised” when three police officials told her about his crimes. 

Before Phakathi was arrested, his mother had taken him to church for cleansing since he had been struggling to secure a job for a long time.

“They were so shattered when he pleaded guilty because it contradicted what he had told them. He pleaded guilty because he did not want to cause further emotional and psychological harm to the victims reliving their traumatic incidents.

“He could not remember his first victim. In some cases, he committed the crimes while under the influence of alcohol but he denied he took it with the intention to commit the crimes,” she said.

The social worker said he committed his violent crimes from June 2012 until March 2021. He targeted mostly minor children in school uniforms when they were preparing to go to school or on their way to school.

“Some victims were violated in their homes. Some were led out of their homes and raped in different locations. Most crimes were committed in the early hours of the morning. He used verbal threats, physical force and a knife,” she said. 

She told the court that Phakathi did not regard himself as dangerous to society. 

“He encouraged two of his victims who had confronted him to lay charges [against him] after he violated them but they never did. His family finds it difficult to accept that he committed the crimes as he was a loving and caring father and a loving family member,” she said.

The case was rolled over to Thursday for Phakathi's attorney to take instructions from him. 

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