KEY POINTS
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Tlotlano Simon Monnatshitlo was sentenced to life imprisonment for raping 82-year-old Kelatlegile Angelina Phaka, with DNA evidence and the victim’s statement crucial to his conviction.
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The prosecution overcame challenges posed by the victim’s death before trial by successfully admitting her recorded statement under the Law of Evidence Amendment Act.
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The case reinforces the judiciary’s commitment to delivering justice in gender-based violence cases and acts as a deterrent against future offenses.
Justice was served this week as the Atamelang Regional Court in the North West province handed a life sentence to 50-year-old Tlotlano Simon Monnatshitlo for the brutal rape of 82-year-old Kelatlegile Angelina Phaka.
The court’s decision marks a significant victory in the ongoing fight against gender-based violence in South Africa, especially in cases involving vulnerable elderly victims.
According to National Prosecuting Authority (NPA) spokesperson Sivenathi Gunya, the horrifying incident occurred when Monnatshitlo attacked the elderly woman, violating her in an act of unimaginable cruelty. Displaying remarkable courage, Phaka managed to report the crime to her neighbors, who immediately contacted the police.
“Upon the arrival of the police, the complainant was taken for a medical examination, and a case was formally opened,” Gunya explained. “The accused was subsequently linked to the crime through DNA analysis.”
While two suspects were initially arrested, one co-accused could not be linked through evidence and was later removed from the case. Tragically, the second accused passed away before the commencement of the trial, leaving Monnatshitlo as the sole defendant.
Court relies on DNA evidence
By the time the case proceeded to trial, Phaka had sadly passed away. To ensure her voice was still heard, the state successfully applied under Section 3 of the Law of Evidence Amendment Act to admit her recorded statement as hearsay evidence.
IOL reports that Monnatshitlo pleaded not guilty and chose to remain silent during the proceedings, forcing the state to build its case purely on available evidence.
Prosecutors presented the victim’s statement, DNA evidence, and testimony from two state witnesses to create a compelling narrative that left no reasonable doubt about the accused’s guilt.
“Despite pleading not guilty, the accused was convicted based on the overwhelming evidence presented by the prosecution,” Gunya added.
During sentencing arguments, State Prosecutor Advocate Edward Manicus urged the court not to deviate from the prescribed minimum sentence of life imprisonment, stressing the brutal nature of the crime. “The victim was defenseless, and the accused preyed upon her vulnerability. The court must send a strong message against such heinous acts,” Manicus argued.
Regional Court Magistrate Stephan Du Toit agreed with the state’s position and sentenced Monnatshitlo to life imprisonment, reaffirming the judiciary’s commitment to protecting the most vulnerable members of society.
Director of Public Prosecutions in the North West, Dr. Rachel Makhari, welcomed the sentencing, commending the team of prosecutors, investigators, and forensic experts involved. “This sentence serves as a crucial deterrent against the perpetrators of gender-based violence in our country,” she said, emphasizing the need for continued vigilance and swift justice in similar cases.
The life sentence is being hailed as a crucial victory by women’s rights groups and anti-GBV organizations who continue to demand harsher penalties and better protections for South Africa’s most vulnerable citizens.
Despite the success of this case, advocacy groups note that gender-based violence remains a pervasive issue nationwide. They call for systemic reforms, better victim support structures, and ongoing education to shift societal attitudes and end the cycle of violence.
