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SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in
compliance with the law and SAFLII Policy
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO: CC66/2025
(1)Reportable: No.
(2) Of interest to other judges: No
(3) Revised.
Date 12 June 2026
Signature
In the matter between:
THE STATE
and
TSHEPO MURENDENI MULOVHEDZI
SENTENCE JUDGMENT
Munzhelele J
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[1] The accused was convicted on the following counts:
[1.1] Count 1: Rape, read with section 51(1) of the Criminal Law Amendment
Act 105 of 1997, as amended;
[1.2] Count 2: Housebreaking with intent to rape;
[1.3] Count 3: Murder, read with section 51(1) of the Criminal Law Amendment
Act 105 of 1997, as amended;
[1.4] Count 4: Rape, read with section 51(1) of the Criminal Law Amendment
Act 105 of 1997, as amended;
[1.5] Count 5: Attempted murder, read with section 51(2)(b) of Act 105 of 1997,
as amended;
[1.6] Count 6: Rape, read with section 51(1) of the Criminal Law Amendment
Act 105 of 1997, as amended;
[1.7] Count 7: Attempted murder, read with section 51(2)(b) of Act 105 of 1997,
as amended;
[1.8] Count 8: Attempted murder, read with section 51(2)(b) of Act 105 of 1997,
as amended;
[1.9] Count 9: Robbery with aggravating circumstances, read with section
51(2)(a) of Act 105 of 1997, as amended;
[1.10] Count 10: Theft, as a competent verdict on a charge of robbery;
[1.11] Count 11: Rape, read with section 51(2)(b) of Act 105 of 1997, as
amended;
[1.12] Count 12: Robbery with aggravating circumstances, read with section
51(2)(a) of Act 105 of 1997, as amended; and
[1.13] Count 13: Housebreaking with intent to rape.
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[2] Before passing sentence, section 274 of the Criminal Procedure Act 51 of 1977,
requires the trial court to obtain sufficient information to enable it to impose an
appropriate and just sentence. The purpose is to ensure that the Judge is well -
informed about the relevant facts of the case, the circumstances of the accused,
and any other factors that may affect sentencing. In S v Mokela 2012 (1) SACR
431 (SCA), Bosielo JA stated (at [14]):
"There is the hallowed principle that, in order to arrive at a fair and
balanced sentence, it is essential that all facts relevant to the sentence be
placed before the sentencing court. This duty extends to the point where
the sentencing court may be obliged, in the interests of justice, to inquire
into circumstances, whether aggravating or mitigating... This is consistent
with the principle of a fair trial."
[3] During the sentencing proceedings, the following evidence was presented to the
court: information regarding the accused’s prior convictions, pre-sentence reports
pertaining to the accused, and the victim impact statements.
[4] The accused has a previous conviction for murder, for which he was sentenced
to 15 years' imprisonment by the Mamelodi East Regional Court in 2022. This is
reflected in the SAP 69, which was admitted into evidence and marked Exhibit
"H".
[5] The accused elected not to testify in mitigation of sentence and instead relied on
the contents of the pre -sentence report compiled by Mr. Mbatha, a probation
officer employed by the Department of Social Development. The report was
admitted into evidence and marked Exhibit "I". The State likewise elected not to
call witnesses during the sentencing proceedings and instead handed in victim
impact statements, which were admitted as Exhibits "J" to "P".
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[6] According to the pre -sentence report, the accused is the second -born of five
children. He was born on 11 November 1995 and has attained Grade 9 as his
highest level of education. He is unmarried and has fathered three children, one
of whom is deceased. He has two surviving children, aged eight and seven
years, respectively. The eight -year-old child resides with the mother in Nzhelele,
Limpopo Province, while the seven -year-old child resides in Zimbabwe with the
mother.
[7] The accused reported that he enjoyed a relatively stable upbringing with his
siblings, mother, and stepfather. However, during his teenage years, he became
involved in alcohol abuse, smoking, theft, and robbery. He further associated
himself with a gang and used the proceeds of his criminal activities to purchase
clothing, alcohol, drugs, and to finance gambling. He did not contribute financially
towards the maintenance of his family or children.
[8] The accused grew up in an environment characterized by domestic violence,
where his stepfather regularly assaulted his mother in the presence of the
children. On one occasion, while witnessing such abuse, the accused stabbed
his stepfather twice in the ribs and thereafter fled to Musina, where he stayed
with an uncle who was a traditional healer. At that stage, he was already abusing
drugs. According to the report, his circumstances deteriorated further while
residing with his uncle due to increased exposure to substance abuse and
criminal life. Following a dispute with his uncle, whom he also stabbed, he fled to
Soshanguve, Gauteng Province. It was in Gauteng that the offenses forming the
subject matter of this case were committed.
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[9] The accused reportedly suffered from episodes of fainting and uses medication
to manage the condition. He informed the probation officer that he is haunted by
the offenses he committed, experiences nightmares, struggles to sleep, and has
entertained suicidal thoughts. During the assessment, however, he displayed no
abnormalities in his communication, behaviour, or cognitive functioning. He was
able to recall the offenses in detail and presented himself as a quiet and reserved
individual.
[10] The probation officer recommended that the court impose the prescribed
minimum sentences contemplated in section 51(1) of the Criminal Law
Amendment Act 105 of 1997. The recommendation was based on the
seriousness of the offenses, the violence employed by the accused, including the
use of knives, bricks, and stones, the vulnerability of the predominantly female
victims, the accused's previous conviction for a serious violent offense, the need
to protect society, and the necessity of deterring the accused from engaging in
further criminal conduct.
[11] In respect of Count 1, the accused unlawfully broke into the home of a minor
child and raped her. The sanctity and safety of her home, a place where she was
entitled to feel secure and protected, were violated in the most egregious
manner.
[12] In respect of Count 3, the accused planned the commission of the offense. He
armed himself with a brick, struck the victim in the head and face, causing
serious injuries, dragged her to a secluded area, raped her, and left her for dead.
His conduct demonstrated a complete disregard for human dignity, bodily
integrity, and the value of human life.
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[13] In respect of Counts 6, 7, 8 , and 9, the accused attacked another victim with a
brick, inflicting injuries upon her, before he raped her. After committing the rape,
he took possession of her cellular telephone, thereby robbing her of her property.
[14] In relation to Count 11, the accused forced open the door to the complainant's
home with a knife, threatened her with the weapon, raped her, and robbed her of
money. Once again, he violated the victim's dignity, bodily integrity, privacy, and
sense of security in her own home.
[15] The offenses committed by the accused reveal a disturbing pattern of predatory
and violent conduct primarily directed at vulnerable women. His actions
constituted brutal invasions of the victims' privacy, dignity, bodily integrity, and
security. The accused displayed a callous disregard for his victims' constitutional
rights and trampled upon those rights without hesitation or remorse.
VICTIM IMPACT STATEMENT
1 E[...] P[...] exhibit J
[16] She stated that she is no longer the same person she was before the incident.
The trauma has affected her emotional well -being, and she struggles to regain a
sense of normality and freedom in her daily life. Her child is afraid to walk on the
streets because of the rape that occurred to her. She continues to experience
fear, stress, and emotional pain as a result of the incident.The incident has also
had a significant impact on her family, who lived in constant fear because they
did not know where the perpetrator liv ed. They felt their sense of integrity had
been stripped away. The emotional consequences continue to affect their lives,
and they wish to relocate.Overall, the victim stated that the offenses have caused
lasting emotional, psychological, and physical harm to herself and her family, and
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that they continue to live with the trauma's consequences and remain fearful of
the perpetrator.
2 K[...] P[...] exhibit K
[17] Since the rape, she has not been the same person she was before the incident.
She continues to suffer significant emotional, psychological, and physical trauma,
including fear, stress, anger, mood swings, flashbacks, and episodes of crying.
She is afraid to walk alone on the streets, particularly in the area where the
incident occurred, which constantly reminds her of the ordeal. As a result, she
isolates herself indoors and, at times, seeks safety by sleeping at a neighbor’s
house. She sustained bruises on her neck after being strangled until she lost
consciousness, and the injuries negatively affected her self-image, causing her to
avoid looking at herself in the mirror. Owing to the trauma, she relocated from her
home to another area, where she now incurs rental expenses and has had to
transfer her child to a different school, resulting in increased financial burdens.
Overall, the offenses have had a profound and lasting impact on her emotional
well-being, sense of security, daily functioning, and financial circumstances.
3 B[...] M[...] exhibit L
[18] After the incident, she suffered severe emotional trauma. She was unable to eat
or sleep properly, experienced recurring flashbacks, and lived in constant fear.
Because the incident occurred in her home, she no longer felt safe in a place
where she should have felt secure. She became withdrawn, isolated herself from
friends and family, and avoided social interactions and social media. She felt
embarrassed and believed that people in her community were talking about her.
She spent long periods alone, crying and questioning why the incident had
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happened to her. The trauma also affected her physical health. She lost weight
and required medical treatment, including medication and injections. Hospital
visits were especially difficult because they reminded her of her grandmother's
death. Her grandmother had raised her. She attended therapy sessions but
found revisiting the events emotionally distressing. She stated that the accused's
actions had significantly disrupted her life and emotional well-being.
[19] The incident negatively affected her personal relationships. She lost trust in men
and ended her relationship with her boyfriend despite his support. It took about
eight months before she felt able to pursue a relationship again. B[...]'s family
was also affected. Her mother faced financial difficulties, and the family struggled
to return to normal life. As a result of safety concerns, her mother incurred
additional expenses to install a security gate and burglar bars at their home.
Property lost during the incident, including money and a cellphone, was
uninsured and could not be recovered. Although she initially blamed her
stepfather for not being present on the day of the incident, their relationship has
since improved. She continues to experience fear and anxiety, including
concerns that the perpetrator may return. She has experienced nightmares and
ongoing emotional distress as a result of the offenses.Overall, B[...] states that
the incident caused significant and lasting psychological, emotional, physical,
social, and financial harm, fundamentally altering her sense of safety and well -
being.
4 M[...] M[...] exhibit M
[20] M[...] M[...], a 16-year-old learner, states that the rape left her in severe emotional
pain and caused her to withdraw from her studies, friends, and the community.
She felt isolated, abandoned, and unable to cope with daily life. The trauma left
her angry, sad, and helpless, and she often locked herself in the yard because
her angry, sad, and helpless, and she often locked herself in the yard because
she no longer felt safe. M[...] explains that she struggled to resume normal
activities and grew fearful of leaving home, even to go to the store or for a walk.
She was affected by community gossip and felt judged by others. She became
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uncomfortable around men and experienced physical reminders of the incident,
including scratches on her neck that continued to trigger memories of the assault.
The trauma also significantly affected her schooling and behavior. She found it
difficult to concentrate and cope at school and became involved in conflicts with
other learners. She describes being taunted by a fellow learner about the rape,
which caused her immense emotional distress and anger. She often cried and
struggled to control her emotions.
[21] M[...] further states that the loss of her virginity in the assault left her feeling alone
and vulnerable. She suffered from ongoing fear and anxiety, particularly at night.
She experienced nightmares of being raped, felt unsafe in her own home, and
was often too afraid to sleep. Even seeing windows at night triggered fear, and
she remained constantly on edge because she could not relax or find peace of
mind. Overall, M[...] explains that the rape has had a devastating impact on her
emotional well -being, sense of s ecurity, education, relationships, and daily life.
The trauma continues to affect her, leaving her with lasting fear, anxiety, anger,
and emotional pain.
5 T[...] M[...] exhibit N
[22] The incident had a devastating impact on the entire family, leaving them
traumatized, shocked, and embarrassed. The family struggled to speak openly
about what had happened, leading to ongoing tension, frequent arguments, and
a breakdown of their previously harmonious relationships. They felt hopeless and
never believed they would ever obtain closure. The victim’s sister was particularly
affected, becoming aggressive and short -tempered, getting into fights at school,
and displaying defiant behavior at home. She suffered significant physical harm
during the incident, being strangled while the perpetrator held a knife, and
required medical treatment. Due to financial hardship, neither she nor her mother
was employed, making it impossible to afford counseling and other related
was employed, making it impossible to afford counseling and other related
expenses. Although the family wished to relocate from the home associated with
the traumatic events, they lacked the financial means to do so. Overall, the
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incident caused severe emotional, psychological, physical, and financial
consequences for the family.
6 M[...] S[...] exhbit O
[23] The death of D[...] has had a profound and lasting impact on her entire family.
Her son, John, who was only 12 when he lost his mother, has experienced
significant emotional trauma, including sadness, loneliness, confusion, and
abandonment. He has become withdrawn, struggles to express his emotions,
and his school performance has declined. Family members have united to meet
his needs, but this has placed considerable financial strain on their limited
resources.D[...]'s parents continue to suffer profound grief and remain unable to
come to terms with their daughter's loss. The emotional stress has negatively
affected their health, leading to anxiety, illness, and emotional exhaustion. Her
death also left a void among her siblings, who regarded her as a source of
support and encouragement. Some of her brothers turned to alcohol in an
attempt to cope with the pain of her loss and the unrealized potential of her
life.The loss extends beyond the immediate family, as friends continue to mourn
and remember her. The circulation of images related to her death on social
media caused further humiliation and emotional distress for the family. Instead of
receiving compassion during their time of grief, they were judged and ridiculed by
some members of the community. Her absence continues to be deeply felt by all
who knew and loved her.
7 M[...] T[...] L[...] exhbit P
[24] The victim was deeply shocked and traumatized by the incident. He felt helpless
and ashamed because he was unable to protect his cousin and family, which
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significantly affected his self-esteem and sense of security. Since the incident, he
has developed a fear of walking at night and has begun smoking as a coping
mechanism for the emotional distress he experienced. He remains fearful and
continues to struggle with the trauma of almost losing his life.Before the incident,
he was a happy, outgoing, and sociable young man with many friends. However,
the trauma left him withdrawn, angry, and stressed. He no longer socializes as
he once did, prefers isolation, and avoids nighttime social events. The incident
also damaged the close bond he shared with his cousin, and the loss continues
to cause him emotional pain. Physically, he sustained severe injuries that
caused prolonged pain and required hospitalization. He experienced persistent
pain in his head and right elbow, had difficulty sleeping, and felt that the
treatment and medication at the public hospital were ineffective. At times, he
could not afford additional medication due to financial constraints. The injuries
also affected his ability to work, resulting in lost income and significant financial
hardship. While unable to work, his bills accumulated, creating a substantial
financial burden when he eventually returned to employment. Due to the severity
of his injuries, he required assistance from others during his recovery. In addition,
he incurred further expenses to replace his stolen cellphone and to purchase
medication that was not adequately covered by the public healthcare system.
Arguments on behalf of the Defense
[25] Counsel for the accused conceded that the offenses for which the accused has
been convicted are serious in nature and warrant the imposition of a custodial
sentence. He submitted, however, that the court should attach significant weight
to the accused's personal circumstances, particularly his upbringing. Counsel
argued that the accused grew up in a household characterized by domestic
argued that the accused grew up in a household characterized by domestic
violence, where he regularly witnessed his stepfather assaulting his mother. This,
according to counsel, ultimately led the accused to stab his stepfather and flee to
reside with his uncle. It was further submitted that while living with his uncle, the
accused was compelled to ingest traditional concoctions allegedly intended to
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numb his conscience and suppress his fears arising from his involvement in
criminal activities. Counsel contended that these circumstances contributed to
the accused's troubled development and should be considered in mitigation of
sentence.Counsel further submitted that the accused pleaded guilty and, in doing
so, spared the victims the trauma of testifying and saved the court's valuable time
and resources. It was argued that his guilty plea should accordingly be regarded
as a mitigating factor. The court was also urged to take into account the
accused's current psychological condition. Counsel submitted that the accused
suffers from insomnia, depression, and recurring nightmares, and has previously
entertained suicidal thoughts and attempted suicide. These factors, it was
argued, should be given mitigating weight. In addition, counsel submitted that the
accused had learned that he was conceived as a result of rape, a circumstance
that, according to counsel, had negatively affected his emotional and
psychological well -being.Counsel argued that, when all these factors are
considered cumulatively, they constitute substantial and compelling
circumstances justifying a departure from the prescribed minimum
sentences.Regarding ancillary orders, counsel elected to leave the matter to the
court's discretion. He further requested that any sentence imposed run
concurrently with the sentence the accused is presently serving.
Arguments on behalf of the State
[26] The State, on the other hand, submitted that the defense failed to establish the
existence of substantial and compelling circumstances warranting a deviation
from the prescribed minimum sentences. It was argued that, even when the
accused's personal circumstances are considered cumulatively, they do not rise
to the level of substantial and compelling circumstances as contemplated in the
Criminal Law Amendment Act 105 of 1997 , as amended .The State contended
Criminal Law Amendment Act 105 of 1997 , as amended .The State contended
that the accused cannot attribute his criminal conduct to the environment in
which he was raised. Rather, the offenses were the product of his own choices
and conduct. It was submitted that the accused voluntarily engaged in substance
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abuse and associated himself with a criminal lifestyle. The prosecutor further
argued that the accused demonstrated little sense of responsibility. Despite
earning money through various means, he failed to provide financial support for
his children and instead spent his resources on drugs, clothing, gambling, and
his own personal comforts. The State further emphasized the exceptionally brutal
nature of the offenses committed by the accused. It was submitted that the
offenses involved extreme violence, caused significant harm to the victims, and
demonstrated a complete disregard for their dignity, bodily integrity, and
constitutional rights . The State accordingly urged the court to impose the
prescribed minimum sentences. In addition, the State applied for an order
declaring the accused unfit to possess a firearm in terms of the Firearms Control
Act 60 of 2000, and for the accused's particulars to be entered in both the
National Register for Sex Offenders and the National Child Protection Register.
Evaluation of the totality of the information in relation to the imposition of a sentence.
[27] The sentence must be approached in accordance with the well -established triad
formulated in S v Zinn, namely: the crime, the offender, and the interests of
society, balanced with an appropriate measure of mercy. The interests of the
victims, although not expressly part of the original Zinn triad, have become a
crucial consideration in modern sentencing jurisprudence, particularly in cases
involving sexual violence and gender-based violence.
1. The Seriousness of the Crimes
[28] The offenses committed by the accused rank amongst the most serious crimes
known to our law. The accused was convicted of:
[28.1] Four counts of rape;
[28.2] One count of murder;
[28.3] Three counts of attempted murder;
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[28.4] Two counts of robbery with aggravating circumstances;
[28.5] Two counts of housebreaking with intent to rape; and
[28.6] One count of theft.
[29] The offenses were not isolated incidents but formed part of a sustained pattern of
violent criminal conduct against vulnerable female victims. Several aggravating
features are present:
(a) Multiple Victims
[30] The accused victimized several women over different incidents. This
demonstrates that the offenses were not spontaneous or opportunistic but reveal
a pattern of predatory behavior.
(b) Violence Accompanying Sexual Offenses
[31] The rapes were accompanied by extreme violence. The accused:
[31.1] Armed himself with dangerous weapons;
[31.2] Used bricks, stones, and knives;
[31.3] Assaulted victims before raping them;
[31.4] Threatened victims with weapons; and
[31.5] In one instance caused fatal injuries.
The violence employed far exceeded what was necessary to facilitate the
commission of the rapes and reflects exceptional brutality.
(c) Violation of the Sanctity of the Home
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[32] Two victims were attacked in their homes after the accused forcibly gained entry.
The home is the place where citizens are entitled to feel safest. Housebreaking
with intent to rape followed by the commission of rape represents a particularly
grave invasion of privacy, dignity, and security.
(d) Premeditation
[33] The murder was premeditated. The accused armed himself with a brick, attacked
the deceased, dragged her to a secluded area, raped her, and left her for dead.
Premeditation is a significant aggravating factor and explains why the offense
falls within the ambit of section 51(1) of Act 105 of 1997.
(e) Previous Conviction for Murder
[34] Most importantly, the accused has a previous conviction for murder committed
before the present sentencing proceedings. A previous conviction for a serious
violent offense ordinarily demonstrates a failure to reform and substantially
increases moral blameworthiness. Therefore, the offenses fall within the highest
category of seriousness and strongly favor severe punishment.
2. Personal Circumstances of the Accused
[35] The accused's personal circumstances are comparatively unremarkable. The
factors in his favour are that:
[35.1] He is 30 years old.
[35.2] He has two surviving children.
[35.3] He attained Grade 9.
[35.4] He grew up in a household characterized by domestic violence.
[35.6] He has a history of substance abuse.
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[35.7] He reportedly suffers from episodes of fainting.
[35.8] He experiences nightmares and feelings of remorse.
These factors warrant consideration but carry limited weight.
(a) Childhood Circumstances
[36] The accused was exposed to domestic violence as a child.
While this is unfortunate, many individuals endure similar hardships without
resorting to rape, murder, or robbery. The causal link between his upbringing and
the offenses is weak.
(b) Substance Abuse
[37] The report reveals longstanding alcohol and drug abuse. South African courts
have repeatedly held that voluntary intoxication or substance abuse generally
constitutes little mitigation, particularly where it forms part of a chosen criminal
lifestyle.
(c) Dependants
[38] Although the accused has children, the report indicates that he did not maintain
or financially support them. Consequently, little weight can be attached to his
parental responsibilities.
(d) Remorse
[39] True remorse is demonstrated through accountability and insight into
wrongdoing. The accused elected not to testify in mitigation and therefore
provided no evidence explaining:
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[39.1] Why he committed the offenses;
[39.2] What insight he has gained;
[39.3] What steps he has taken toward rehabilitation.
His alleged remorse is therefore largely self -reported through the probation
officer and remains untested. The court will accordingly treat it with caution.
(e) Prospects of Rehabilitation
[40] The prospects of rehabilitation appear poor. The accused admitted that:
[40.1] He engaged in theft and robbery from a young age;
[40.2] He associated with gangs;
[40.3] He abused drugs;
[40.4] He funded gambling and criminal activities through these crimes.
Most significantly, despite a prior murder conviction, he continued engaging in
serious violent conduct. This demonstrates entrenched criminal tendencies rather
than a realistic prospect of rehabilitation.
3. Interests of Society
[41] The interests of society strongly favour severe punishment. South Africa
continues to experience alarmingly high levels of:
[41.1] Gender-based violence;
[41.2] Sexual offenses;
[41.3] Violent robberies; and
[41.4] Murders of women.
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[42] Society expects courts to protect vulnerable members of the community,
particularly women and children. The accused has demonstrated that he poses a
significant danger to society, especially to women and children in this country.
His conduct reflects:
[42.1] A willingness to use extreme violence;
[42.2] Repeated targeting of vulnerable women;
[42.3] Escalating criminal behaviour; and
[42.4] A disregard for the law and the rights of others.
The sentencing objectives of deterrence, prevention , and retribution therefore
assume particular importance in this regard. Society requires protection from
offenders who repeatedly commit violent sexual offenses.
4. Interests of the Victims
[43] The victims' interests are exceptionally important in this matter. The victim impact
statements reveal the devastating consequences of the offenses. The victims
suffered violations of:
[43.1] Dignity;
[43.2] Bodily integrity;
[43.3] Privacy;
[43.4] Freedom and security of the person; and
[43.4] Psychological well-being.
One victim lost her life. The surviving victims endured physical injuries, emotional
trauma, fear, and humiliation. The impact extend ed beyond the individual victims
to their families and communities. Particularly aggravating is that some victims
were attacked within the safety of their own homes, while others were
overpowered and assaulted in circumstances where they were vulnerable and
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defenseless. The victim-centered approach to sentencing, therefore, strongly
supports the imposition of substantial punishment in this regard.
5. The Measure of Mercy
[44] Mercy remains an element of justice, not sympathy. The concept does not
require courts to ignore the seriousness of offenses or the suffering of victims. A
proper measure of mercy requires the court to consider whether the accused
possesses attributes that justify leniency. In this matter:
[44.1] The accused is not a youthful person.
[44.2] He is not a first offender.
[44.3] He has a previous conviction for murder.
[44.4] He committed multiple violent offenses.
[44.5] The offenses were committed against several victims.
[44.6] The offenses reveal a persistent pattern of predatory behaviour.
While the court should not sentence in anger, there is little in the accused's
personal circumstances that warrants substantial mercy. The interests of justice
outweigh considerations of leniency.
[45] Now, therefore, having said that, I will deal with whether there are substantial and
compelling reasons to deviate from the minimum sentences applicable to the
charges. The prescribed sentences apply to:
[45.1] Counts 1, 3, 4, and 6 (life imprisonment);
[45.2] Counts 5, 7, 8, and 11 (minimum sentence provisions);
[45.3] Counts 9 and 12 (robbery with aggravating circumstances).
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[46] The test is whether all relevant factors, considered cumulatively, render the
prescribed sentence disproportionate to the crime, the offender , and the
legitimate needs of society. The factors potentially favouring deviation are:
[46.1.1] Exposure to domestic violence;
[46.1.2] Substance abuse history;
[46.1.3] Limited education;
[46.1.4] Relatively young age;
[46.1.5] Alleged remorse;
[46.1.6] Health concerns.
However, when weighed against the aggravating factors, they are
overwhelmingly outweighed by:
[46.2.1] Multiple rape convictions;
[46.2.2] A planned rape and murder;
[46.2.3] Extreme violence;
[46.2.4] Housebreaking to commit rape;
[46.2.5] Multiple victims;
[46.2.6] Repeated attacks on women;
[46.2.7] Robberies accompanied by rapes;
[46.2.8] Previous conviction for murder;
[46.2.9] Poor prospects of rehabilitation;
[46.2.10] The need to protect society.
Viewed individually or cumulatively, the mitigating factors do not diminish the
moral blameworthiness of the accused to such an extent that the prescribed
sentences would be unjust or disproportionate.
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Conclusion
[47] Applying the Zinn triad, the victims' interests, and the principle of mercy, the
aggravating factors substantially outweigh the mitigating factors. The offenses
are exceptionally serious; the accused's personal circumstances carry limited
mitigating weight; society requires protection from these accused; and the victims
suffered devastating consequences. Accordingly, there are no substantial and
compelling circumstances present in these facts that justify a deviation from the
prescribed minimum sentences under section 51 of the Criminal Law
Amendment Act 105 of 1997 , as amended . The imposition of the prescribed
sentences, including life imprisonment on the counts attracting such punishment,
would be proportionate, just, and consistent with the objectives of sentencing.
Sentence
[48] The following sentences are appropriate in the circumstances:
Count 1 accused is sentenced to life imprisonment
Count 2 accused is sentenced to 3 years' imprisonment
Count 3 accused is sentenced to life imprisonment
Count 4 accused is sentenced to life imprisonment
Count 5 accused is sentenced to 10 years' imprisonment
Count 6 accused is sentenced to life imprisonment
Count 7 accused is sentenced to 10 years' imprisonment
Count 8 accused is sentenced to 10 years' imprisonment
Count 9 accused is sentenced to 15 years' imprisonment
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Count 10 accused is sentenced to 3 years' imprisonment
Count 11 accused is sentenced to 10 years’ imprisonment
Count 12 accused is sentenced to 15 years' imprisonment
Count 13 accused is sentenced to 3 years' imprisonment
All these counts and sentences, including the one he is serving right now, will run
concurrently.
[49] Ancillary orders
[49.1] In terms of Section 103 (1) of the Firearms Control Act 60 of 2000, the
court makes no order. This means the accused is deemed unfit to possess
a firearm.
[49.2] In terms of section 103 (4) of the Firearms Control Act 60 of 2000. The
court makes an order for search and seizure of the accused’s premises for
firearms and ammunition in his possession, licenses, authorizations,
permits, and or competency certificates issued to the accused.
[49.3] In terms of section 120 (1)(b) read with (4)(a) of the Children’s Act 38 of
2005, the accused is deemed unfit to work with children. The names of the
accused must be entered into Part B of the National Child Protection
Register.
[49.4] In terms of section 50(1)(c) of the Criminal Law, Sexual Offences and
Related Matters Act 32 of 2008 , the court orders that the names of the
accused be entered into the National Register for Sex Offenders.
[49.5] In terms of section 299A (1) of the Criminal Procedure Act 51 of 1977, the
court informs the complainants in this case that they have a right to make
representations to the Commissioner of the correctional services when
placement of the prisoner on parole is considered, to attend any relevant
meetings of the parole board, when the accused’s parole is to be decided.
23
This is subject to the directive issued by the Commissioner of Correctional
Services under section 4 of the Correctional Services Act.
[49.6] The accused has the right to appeal the conviction and sentences that
were imposed on him today. You can request the legal aid attorneys or an
attorney whom you pay out of your own pocket to assist you in bringing a
substantive application for leave to appeal the conviction and sentences
within 14 days of this sentence.
________________________
M MUNZHELELE
JUDGE OF THE HIGH COURT
PRETORIA
Appearances:
Counsel For the State: Adv. V Tshabalala
Counsel For the Accused 1: Mr. MB Kgagara
Date of hearing: 20 - 23 April 2026
Date of Judgment: 12 June 2026