Mabopane man jailed for life for raping teenager with intellectual disability

A 54-year-old Mabopane man has been sentenced to life imprisonment for raping a 17-year-old girl with an intellectual disability at a house in Mamelodi.

Piet Tshabalala was sentenced by the Pretoria Magistrate’s Court after the National Prosecuting Authority (NPA) proved the case against him beyond reasonable doubt.

The court also declared him unfit to possess a firearm.

Father finds accused with teenager

According to NPA spokesperson Lumka Mahanjana, the incident occurred on 5 February 2024, when the teenager’s aunt left her at their Mamelodi residence while she went to a nearby shop.

Mahanjana said Tshabalala entered the house while the girl was inside, undressed her and raped her.

The teenager’s father later arrived to visit her and found the two half-naked inside the house.

Tshabalala was taken to a police station, where the incident was reported. He was arrested and has remained in custody since the NPA successfully opposed his bail application.

The teenager received medical care and psychological support at the Mamelodi Thuthuzela Care Centre, where she was also assisted by police and prosecutors.

Tshabalala claimed he was in a relationship with victim

Tshabalala pleaded not guilty, claiming he was in a relationship with the teenager.

However, prosecutor Andries Ntjana presented evidence from a doctor who examined the victim at the Thuthuzela Care Centre, alongside testimony from her parents and aunt.

According to the NPA, the evidence established Tshabalala’s guilt beyond reasonable doubt.

During sentencing proceedings, Tshabalala’s legal representative asked the court to impose a lesser sentence than the prescribed minimum of life imprisonment.

The defence cited his status as a first-time offender, his employment at the time of the offence and his responsibility for three children.

Ntjana opposed the request, arguing that the seriousness of the crime, the victim’s vulnerability and the abuse of trust justified the prescribed sentence.

The prosecutor also presented victim impact statements facilitated by court preparation officer Kgomotso Lodi, outlining the profound effect the offence had on the victim’s family.

Court imposes life sentence

The magistrate agreed with the State that the offence was serious and prevalent in the court’s jurisdiction.

The court found that Tshabalala had taken advantage of a vulnerable child rather than protecting her, and had abused the trust she had placed in him.

The magistrate also noted that the offence violated the rights of a person living with a disability.

In handing down the sentence, the court emphasised the importance of deterring similar crimes and protecting society from perpetrators.

It found no substantial and compelling circumstances to justify departing from the prescribed minimum sentence and sentenced Tshabalala to life imprisonment.

The NPA welcomed the outcome, saying the case highlighted the importance of protecting children and other vulnerable people from sexual violence.

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Source: IOL