FOLLOW-UP: Trial against alleged serial rapist begins

While the sound of rushed footsteps dinned through the passages of the Benoni Magistrate’s Court, outside Court 11 a group of women sat quietly, their bodies rigid with anxiety.

They have waited patiently to finally face the man they say raped them, Sipho Lucas Phiri.

The trail of the former Prasa security guard, dubbed the Daveyton/Thembisa serial rapist, got underway on August 26 during a Gauteng Division High Court sitting in Benoni.

The 38-year-old was arrested in Mayfield, Daveyton, on January 22, last year, following joint investigations by the Benoni SAPS and Thembisa Family Violence and Child Protection and Sexual Offences Unit.

It is alleged Phiri was active from 2018 until his arrest.

He faces 145 charges, including 44 counts of rape, 43 of kidnapping, 41 of pointing a firearm and 17 additional charges, including fraud, obstruction of justice, forcing someone to witness a sexual act, contravention of the South African Police Service Act 68 of 1995 and contravention of the Firearms Control Act 60 of 2000.

Phiri pleaded not guilty to all charges and his bail application was denied in the Daveyton Magistrate’s Court on June 20, last year,.

He has since been detained at Modderbee Correctional Services.

Ironing her pants with the palm of her hand, one of Phiri’s alleged victims, who wished to remain anonymous, attempt to steel herself while tears threatened to spill from her eyes.

“They say I was one of his first victims,” she told Benoni City Times.

“It was the third time I was raped. I was too young, scared and ashamed to report the previous two incidents but following the 2018 attack, I found the courage to report the matter.

“I want to look him in the eyes and tell the court what he did to me. He robbed me of my dignity. I hope through my testimony, I will take back the power he violently took from me.”

Holding her fellow victim’s hand, another woman, who also wished to remain anonymous, said everyone who fell victim to Phiri’s four-year reign of terror has suffered immense emotional trauma.

“We are mothers, daughters and sisters. He targeted us separately and his deeds isolated us. But here we have united with one common goal, to ensure that he can not hurt another,” she said.

“The cruelty of his deeds is unimaginable, yet it has brought us together as survivors. As we take hands, we will have our voices heard while healing the parts of our souls that he broke.”

Media applications
The proceedings were delayed on August 27 as Judge Rasigamani Bhika considered applications submitted by the City Times and eNCA to record, televise, and photograph the accused and parts of the trial.

Defence advocate Marianne Mampuru argued the applications should be denied because of the sexual nature of the case.

“I would also like to bring it to the court’s attention that the accused is the father of two young girls and a son. Making his identity known could put his children at risk of victimisation,” she said.

Acting on behalf of the State, advocate Esther Kabini said that some independent media houses released photos of Phiri following his arrest and, therefore, his identity has already been made public.

“Given the gravity of the charges brought against the accused, the State argued it was in the interest of the public to grant the applicants permission to professionally conduct their duties,” said Kabini.

Responding to questions posed by Bhika, Phiri admitted he was aware of certain media outlets revealing his identity, and to his knowledge, his family has not fallen victim to any form of victimisation or online bullying.

Taking all factors into consideration, the judge ruled in favour of the media applicants, setting aside stringent conditions to protect the identities of three witnesses who are minors.

The trial will continue on August 30.

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