The Mogwase Regional Court sentenced Thabo Modibedi (39) to life imprisonment for raping his ex-lover. Modibedi was convicted for an incident that happened in the early hours of October 21, 2018. The court heard that Modibedi approached the complainant at a tavern and asked her to go home with him. When the complainant refused, Modibedi got aggressive in front of other patrons and started assaulting her.
The victim tried to escape, but Modibedi caught up with her and continued to assault her, dragging her to his home. Upon arrival (at his home), Modibedi couldn't find the key to enter, and he subsequently dragged his victim to one of the shacks in the yard and repeatedly raped her. She escaped and received assistance from one of the neighbours, who then took her to the police to report the rape and assault.
Modibedi was arrested on October 18, 2018, and was granted R1 000 bail. He pleaded not guilty to the offence. The State faced challenges before trial, as one of the witnesses was shot dead, and others could not be traced as they had relocated. Other witnesses stopped attending the court case and could not be traced by the State.
During the trial, the then- State Prosecutor, Advocate Tebogo Mokoka, led his evidence with the testimony of the medical practitioner who examined the complainant and her testimony. On May 03, 2022, the court found Modibedi guilty and his bail was immediately cancelled. The matter was, however, delayed by two subsequent applications from the defence to have the recusal of the presiding officer from the case, which the court dismissed.
"They subsequently took the judgement of the recusal to the High Court of South Africa North West Division, for review, and it was also rejected," said Henry Mamothame, National Prosecuting Authority spokesperson (NPA) North West Division. The court declared Modibedi unfit to possess a firearm and work with children.
His name will be added to the national register of sexual offenders after the guilt verdict. On October 11, a new State Advocate, Sicelo Moselakgomo, addressed the court in aggravation of sentence, and he urged it not to deviate from the prescribed minimum sentence of life imprisonment, as the offence that was committed is dehumanising and unacceptable.
Magistrate Lebogang Raborife agreed with the State and remarked on the traumatic experience of the complainant, which resulted in her relocation, and the humiliation she suffered as she sought help from neighbours in a naked state. The Director of Public Prosecutions in the North West, Dr Rachel Makhari, lauded the prosecution team and investigating officer from the SAPS and other role players who ensured that the perpetrator was brought to book. Dr Makhari praised the courts for the harsh sentences imposed on such offences.
