Cape Town - Women and child rights organisation Ilitha Labantu says it is worried about a Philippi rapist’s opportunity to appeal against his life imprisonment sentence.
Thembelani Sogoni was convicted by the Wynberg Regional Court in December 2020 on four counts of rape of a 12-year-old girl.
Sogoni had pleaded not guilty on all charges brought against him, but following his conviction on all counts, he was sentenced to life imprisonment.
The Western Cape High Court on Monday granted Sogoni a chance to appeal his sentence, finding that his sentencing proceeded with undue haste, which undermined the process of sentencing itself.
Spokesperson for Ilitha Labantu, Siyabulela Monakale said: “We are deeply concerned that the court would grant a convicted rapist the chance to appeal against his sentence. We have seen in many cases that convicted rapists have appealed and they will go out to the community and repeat the exact same crime originally sentenced for. This is a life sentence for a heinous crime ...It is a huge problem we are facing,” said Monakale.
Evidence that emerged during the trial detailed how Sogoni allegedly raped his victim on four occasions between June 2018 and August 2018 in the one-roomed house where the complainant lived with the perpetrator’s family in Kosovo, Philippi.
“The first incident, in June 2018, occurred while she was asleep in bed next to the appellant’s mother.
“The appellant got into the bed from the foot of the bed, pulled down the complainant’s panties and pyjamas down, got on top of her and raped her, cautioning her not to make a noise while his mother slept.
“After he had raped her the appellant gave the complainant a face towel to clean herself and told her to keep what had occurred between them.
“The complainant did not report the incident to anyone,” trial evidence detailed.
Sogoni had then allegedly raped his victim on three other occasions, after which the complainant reported the incidents to a man who also boarded at the home.
“The tenant then told Sogoni’s mother who said he “would not do such a thing”.
Judge Ashley Binns-Ward judgment read: “Where the State seeks the imposition of the most severe of punishments, life imprisonment, a thorough case must be made out to justify the imposition of the most severe sanction. This requires at the least proper preparation to allow a convincing motivation to be advanced that the imposition of such maximum penalty is appropriate and proportionate.
“In this matter, the sentencing of Sogoni proceeded with undue haste, in a manner which in our view undermined the process of sentencing itself.
“Having regard to the material before the trial court, we are of the view that it was unjust and disproportionate to impose a sentence of life imprisonment,” said Binns-Ward.
Binns-Ward said due to the limited material that was available, a sentence of somewhere between 10 and 15 years imprisonment would have fallen within the appropriate range.
Cape Times