Nkosinathi Emmanuel Phakathi, the South African serial rapist who terrorised Ekurhuleni for nearly a decade, has been sentenced to 42 life terms plus an additional 791 years and six months imprisonment.
The Gauteng High Court, sitting in Palm Ridge, handed down the sentence on Friday, bringing to a close a harrowing chapter for his numerous victims. The sheer number of life sentences, effectively meaning he will spend the rest of his life behind bars, reflects the gravity of his crimes and the court’s determination to deliver justice.
Phakathi, who lost a leg after being shot by police during an attempted arrest in March 2021, sat in the dock with his head resting on his arms, clutching his crutches, as Judge Lesego Makolomakwe delivered the lengthy sentence.
This was a departure from standard procedure, which requires convicted criminals to stand while their sentences are read. The judge’s leniency in this regard likely stemmed from the physical limitations Phakathi now faces following his injury sustained while trying to escape police custody after another attempted rape.
The 42 life sentences relate to the 90 counts of rape for which he was found guilty. These were only part of the overall charges. The additional 791 years and six months were handed down for the remaining crimes, which included four counts of compelled rape, three counts of compelling or causing a child to witness a sexual act, 43 counts of kidnapping, two counts of assault, and four counts of theft. These sentences will run concurrently with the life sentences, meaning Phakathi will effectively serve life imprisonment.
Between 2012 and 2021, Phakathi embarked on a reign of terror, preying on women and children in Crystal Park, Putfontein, Benoni, and Daveyton. His victims ranged in age from as young as nine to 44 years old, with 24 of them being minors.
He targeted his victims both on the streets and in their homes, often in the early mornings between 5:30 AM and 7:30 AM. In some instances, he posed as an electrician, gaining entry to homes under false pretenses before carrying out his horrific attacks.
Previously, IOL reported that Gauteng spokesperson for the National Prosecuting Authority (NPA), Lumka Mahanjana said some of Phakathi’s victims were young children.
Prosecutor Advocate M Mahanjana detailed the depravity of Phakathi’s actions. “The majority of his victims were school-going children, the youngest being nine-years-old, while the oldest was a 44-year-old female,” Mahanjana stated.
He further explained that Phakathi would often target victims going to or returning from school or work, but also that he would target some in their own homes, pretending to be an electrician to gain access.
“He would pretend to be an electrician coming to fix a geyser or other household appliances and rape them. He raped some of his victims in the presence of children, in some instances when raping more than one person at a time, he made the other watch while raping the other, whereafter he would run or leave the house,” said Mahanjana.
Initially, Phakathi faced 203 charges. However, the State withdrew 55 minor charges, and he eventually pleaded guilty to 148 charges. His guilty plea statement was read in court. He was linked to many of the offences through DNA evidence and a modus operandi linkage report, compiled by Warrant Officer Tlala John Mokoena of the SAPS, who investigated a total of 96 dockets related to the case.
The sentence has been welcomed by activist groups, such as #NotInMyName, who have long campaigned for justice for victims of gender-based violence and femicide.
Themba Masango, secretary-general of #NotInMyName, expressed his satisfaction with the harsh sentence, stating: “The sentence must be as harsh as possible for this animal. The courts must lock him up and throw away the key. We have just concluded the gender-based violence and femicide summit, and the president (Cyril Ramaphosa) was sounding very performative. He was saying all the right things, but what is needed now is action on the ground,”
He added, “Very harsh sentences need to be given out so that would-be perpetrators can be afraid. They need to be deterred from committing these heinous crimes.”
The lengthy sentence handed down to Phakathi sends a powerful message, not only to him but also to other potential perpetrators of gender-based violence.
