Life sentence for man who raped and kidnapped male victim

The Pretoria Regional Court has sentenced Mpho Mokoena (40) to life imprisonment for the gang rape of a 35-year-old male victim and an additional three years for kidnapping. The court ordered that the sentences should run concurrently with the life sentence and further declared Mokoena unfit to possess a firearm.

Mokoena and the victim are both from Mamelodi East and knew each other. 

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Lumka Mahanjana, the regional spokesperson (Gauteng division: Pretoria) of the National Prosecuting Authority, said, “On December 9, 2014, at approximately 5:30pm, the victim was walking in Mamelodi when he met Mokoena, who was in a vehicle with his accomplices who remain at large. The group asked the victim for directions to a drinking spot, and he got into the car. However, instead of heading to the drinking spot, they drove to a cemetery in Silverton. Upon arrival, the perpetrators forcibly removed the victim from the vehicle, held him against it, and Mokoena proceeded to rape him, causing severe injuries. They then abandoned him at the scene. The victim then went to Mamelodi Hospital for medical assistance and reported the incident to the police.”

Following an intensive police investigation, Mokoena was handed over to the police by his mother. However, he was later released on bail. The trial commenced in October 2017, and after the victim testified, proceedings were set to resume in February 2018. 

Mokoena, however, absconded, prompting the court to issue a warrant for his arrest. He was eventually re-arrested on June 27, 2023, after being found already serving another sentence in prison.

During sentencing, Mokoena, through his legal representative, asked the court to deviate from the prescribed minimum sentence. However, state prosecutor, Anton Burger urged the court to impose life imprisonment, emphasising the gravity of the crime, the common purpose with his accomplices, and that Mokoena showed no remorse for his actions.

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Burger also argued that the gender of the victim should not influence sentencing, as minimum sentence legislation applies equally to all victims, regardless of gender. Additionally, Burger brought to the attention of the court that Mokoena had four prior convictions for theft and one for drug possession.

“In delivering the sentence, Magistrate Mncube concurred with the state, highlighting that Mokoena exploited the trust of the victim, who had considered him a friend. The court found no substantial and compelling circumstances to justify a lesser sentence. The National Prosecuting Authority (NPA) welcomes this sentence, as it underscores the seriousness of the crime and reinforces the justice system’s commitment to protecting society from heinous acts. The NPA commends the court for ensuring that the perpetrator is held accountable for his actions,” Mahanjana concluded.