THIS WEEK Taung Regional Court has sentenced Luburu Micheal Phama, 36, to 20-years direct imprisonment for the rape of his 14-year-old girlfriend in 2024. The court ordered that his name be included in the Register of Sexual Offenders and prohibited him from working with children.
Phama pleaded guilty to the charge of rape and he was further declared unfit to possess a firearm.
In aggravation of sentence, Prosecutor Rebaona Mokgopa addressed the court that the victim is young and was subjected to sexual violence at a young age, and she will forever live with the trauma and that there are no substantial and compelling circumstances to deviate from the prescribed minimum sentence of life imprisonment.
Mokgopa submitted the Victim Impact Statement (VIS), compiled by the victim with the assistance of the Court Preparation Officer Thembinkosi Madiba, which detailed the profound physical and psychological trauma she endured, including ongoing fear and distress.
In delivering the judgment, the court found that there were compelling reasons to deviate from the prescribed minimum sentence of life imprisonment under Section 51(1) of the Criminal Law Amendment Act 105 of 1997, citing the accused’s personal circumstances.
INCIDENT
On 06 July 2024, in Mountain View near Pampierstad, the 14-year-old victim visited her aunt, who was the girlfriend of the accused. On the day of the incident, the victim was sleeping in the bedroom with her aunt when Phama snuck in the room and raped her more than once while the aunt was sleeping.
As a result, she fell pregnant. She did not report the assault instantly until she was seen by her teacher that she was pregnant, and after she told her teacher, a case was opened, and the accused was arrested.
According to the National Prosecuting Authourity (NPA) spokesperson, Sivenathi Gunya: “Dr Rachel Makhari, the Director of Public Prosecutions in the North West, commended both the prosecution and the investigative teams for their diligence and dedication. “She reaffirmed the NPA’s commitment to the fight against gender-based violence and femicide (GBVF).”
