A ‘serial rapist’, in the words of the state prosecutor, Adv. Robert Molokoane was handed a hefty sentence last Thursday – for raping and robbing seven women in Ikageng and Potchefstroom.
The acting high court judge, Ian Derek Cox sentenced 26-year-old Tebogo Israel Matiwane to a total of 160 years. While some of these sentences run concurrently, he will effectively spend 95 years behind bars for fourteen counts including rape and robbery with aggravating circumstances.
During the High Court sitting in the Potchefstroom Magistrates’ Court, the court heard how Matiwane had raped and robbed his victims between 2008 and 2016. He took their belongings – including cash, bags, jackets, cigarettes, lighters, identity documents, cell phones, bank cards and tackies – at knifepoint.
In April 2008, at the tender age of 17, he and a friend raped and robbed a 39-year-old woman in town. He went on to rape an 18-year-old girl on 17 May 2009, a 21-year-old woman on 24 June 2009, another 21-year-old woman four days later, a 22-year-old woman on 19 February 2016 and a 24-year-old woman on 6 March 2016.
His last offence took place on 22 March 2016 when he raped a 26-year-old mother who was taking her 4-year-old son to a pre-school. He dragged her to a veld where he robbed her of her belongings and raped her in front of her little boy.
When passing sentence, Judge Cox said each person has a right to freedom and privacy. ‘The women were deprived of these rights when they were raped and robbed. The accused does not respect or value women. It is a well-known fact that rape affects the victims psychologically. Physical injury heals but rape victims never do – they just learn to live with the incident.
‘This was humiliating and degrading. Rape is an appalling and utterly outrageous crime, gaining nothing of any worth for the perpetrator and inflicting terrible and horrific suffering and outrage on the victim and her family.’
Mitigating and aggravating circumstances
In his mitigation argument the defence, Adv. Samuel Moeng said the accused was 17 when he committed the first offence. He has pleaded guilty to all his offences. His upbringing was not good and he comes from a broken family. He lacked the proper guidance and grew up without a father.
‘After spending time in custody he will be rehabilitated but a harsher sentence may destroy him,’ said Adv. Moeng.
The state prosecutor, Adv. Robert Molokoane dismissed all these arguments and said the accused had received love from his grandmother and mother. ‘His grandmother raised him on a farm in Vyfhoek and wanted him to have a better life. He opted to join a gang. He decided not to go to school when the opportunity arose. Whatever happened in his life was his choice. He is not rehabilitatable. He has had a number of previous convictions where he could have changed,’ he said.
Testimony of the accused in court
Before judgment, Matiwane testified how he started smoking drugs like tik, nyaope and other drugs in 2004. He told the court he did so because he felt rejected. After smoking, he was in his own world. In 2007, he attended a drug rehab which he described as a waste of time. As he was busy testifying, he admitted to having a drug craving.
Matiwane confidently said change depends on the person and that no one can force you to change.
He told the Herald that he regrets raping and robbing all those women. ‘This is a lesson,’ he said. He also told the court that he had to take responsibility for what he has done and acknowledged that he deserves to be punished.
He would later tell the people outside the court that the sentence was too harsh. ‘No one should spend more years in prison than Mandela.’
Leave for appeal denied
Adv. Moeng called the sentence shockingly inappropriate and called for leave to appeal.
The state prosecutor, Adv. Molokoane said the sentence was, in fact, lenient. ‘He had a supportive grandmother who wanted a good life for him. Some children grow up without parents and some study under trees and manage to make it in life. The witnesses will be happy with the sentences,’ he said.
Judge Cox denied leave to appeal, saying it was clear that Matiwane had made a career of committing serious offences.
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